Trying to get a small estate aff. Approved in Texas, lacking witnesses

[Garylovesmissy]

My father passed in 2008, I have a younger sister, and we are trying to find witnesses, 2 are required, to testify they know us and knew our Dad. BUT, HE WAS. Reclusive alcoholic. My younger sister was adopted by my step Dad when she was 15, I was 20 yrs old. My Step Dad agreed to be a witness, since he could testify to the facts, but I seem to recall that adopted parents can inherit from the adopted child, should they pass awy. The child I mean. So that would mean, he would not qualify because he stands to inherit. We can not find another person to testify. Any advice? And any advice for the case over all!

 

[army judge]

My father passed in 2008, I have a younger sister, and we are trying to find witnesses, 2 are required, to testify they know us and knew our Dad. BUT, HE WAS. Reclusive alcoholic. My younger sister was adopted by my step Dad when she was 15, I was 20 yrs old. My Step Dad agreed to be a witness, since he could testify to the facts, but I seem to recall that adopted parents can inherit from the adopted child, should they pass awy. The child I mean. So that would mean, he would not qualify because he stands to inherit. We can not find another person to testify. Any advice? And any advice for the case over all!

First of all, what is the value of the estate?
What is the nature of the estate: cash, bank accounts, property, etc???
I only ask because it might cost you more to inherit $1,500 than it would to let it go.
Its been six years since your father died.
You might want to speak to a couple local estate attorneys.
No two estates are the same, so one answer won't fit all.
Yes, you'll need notarized affidavits to pursue this, but after sic x years, the property may have escheated to the state.

If that has happened, you pursue this another way.


The state may already be holding the property in trust for the real owner to come forward:

http://www.stewarttexas.com/download/575/Escheating_in_Texas.pdf

http://www.window.state.tx.us/up/generalinfo.html

http://www.bizfilings.com/toolkit/s...-property/texas-unclaimed-property-rules.aspx

 

[Garylovesmissy]

Actually, as soon as we cleaned it up, after he passed suddenly, my oldest daughter moved in for six years. The house appraises at about 40,000, and that is all there is to the estate. No bills that we can find, we have ALL his receipts for YEARS of utilities, every house payment, every cancelled check, etc. We had to make my oldest move out, she quit paying the $500 a mos. rent, about 2 yrs in, and more or less destroyed the property. But my youngest moved in, under a signed lease, and now the place looks like a showroom! Anyway, that's why we were handling it ourselves, because it's only the house. Thank you!

 

[Garylovesmissy]

Oh, and the property and school taxes are up to date along with everything else. What we are really struggling with are eligible witnesses. I have the affadavit filled out.

 

[army judge]

Oh, and the property and school taxes are up to date along with everything else. What we are really struggling with are eligible witnesses. I have the affadavit filled out.

The way your father lived, that might be very difficult. As you said, he was very reclusive.
That said, you have a foot in the door.
Hang on long enough, you might be able to claim title by adverse possession.

What about your mother?
Any cousins?
Any mutual friends?
Think.

 

[Garylovesmissy]

My mother passed in 2004, there's. Y mother in law, with Alzheimer's and my step father who is willing, but I believe the law excludes him. My dad had 2 sisters, the oldest passed many years ago, leaving 2 sons the same as my Dad, she was the same, and a sister in the Ft Worth area who has had the same female partner since I was a child, and I'm not even sure of their names. I feel like my hands are tied. All the neighbors moved away or died.

 

[army judge]

My mother passed in 2004, there's. Y mother in law, with Alzheimer's and my step father who is willing, but I believe the law excludes him. My dad had 2 sisters, the oldest passed many years ago, leaving 2 sons the same as my Dad, she was the same, and a sister in the Ft Worth area who has had the same female partner since I was a child, and I'm not even sure of their names. I feel like my hands are tied. All the neighbors moved away or died.

I'm going to post some websites.
They may or may not be useful.
It'll cost you nothing to take a gander.
I'm not sure your stepfather is barred from signing an "affadavit of heirship".
I don't see him gaining anything.
There are alternative ways to proceed.
This one might be very helpful:

http://www.fordbergner.com/legal-practice-areas/texas-probate/alternatives


http://www.farrensmith.com/uncategorized/affidavits-of-heirship-for-real-property-2/

You can also go to probate court, be heard, and the court can order the property to be deeded to you.
A conversation with a probate or estate attorney won't cost you anything for the first visit.

Ask or investigate "small estate affadavit".
That seems the best way to proceed because of your dad's reclusive lifestyle.



http://bradie-law.com/your-topics/when-use-small-estate-affidavit/




http://www.nolo.com/legal-encyclopedia/texas-probate-shortcuts-32076.html


http://www.co.travis.tx.us/probate/pdfs/small_estate_affidavit_checklist.pdf



https://www.dallascounty.org/department/courts/probate/forms/SmallEstateAffidavitChecklist.pdf


This article by the Dallas Bar explains three approaches.

http://www.dallasbar.org/content/where-there’s-no-will-there-way

http://www.fordbergner.com/legal-practice-areas/texas-probate/alternatives

http://texasprobate.net/forms/














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[Garylovesmissy]

Thank you so much! I will sit down and check each one out!