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I'm wanting to know if there is a law that says that if there is no will then the next of kin, such as a sibling, not a young son, shall be appointed by the state to be executor of property?
SEPARATE PROPERTY â€“ there is NO surviving spouse:
If no spouse survives the decedent then Texas Probate Code section 38(a) controls who receives the decedentâ€™s entire estate. Section 38(a) provides as follows:
(a) Intestate Leaving No Husband or Wife. Where any person, having title to any estate, real, personal or mixed, shall die intestate, leaving no husband or wife, it shall descend and pass in parcenary to his kindred, male and female, in the following course:
1. To his children and their descendants.
If you die without a valid will while residing in the State of Texas, you are said to have died â€śintestate.â€ť In order to determine who will receive your property if you die intestate, the State of Texas has established a number of laws known as â€śintestacy lawsâ€ť or â€ślaws of intestate succession.â€ť
PERSONS WHO TAKE UPON INTESTACY
If the Intestate Leaves No Husband or Wife.
Where any person, having title to any estate, real, personal or mixed, shall die intestate, leaving no husband or wife, it shall descend and pass in parcenary to his kindred, male and female, in the following course:
1.To his children and their descendants.
2.If there be no children nor their descendants, then to his father and mother, in equal portions. But if only the father or mother survive the intestate, then his estate shall be divided into two equal portions, one of which shall pass to such survivor, and the other half shall pass to the brothers and sisters of the deceased, and to their descendants; but if there be none such, then the whole estate shall be inherited by the surviving father or mother.
3.If there be neither father nor mother, then the whole of such estate shall pass to the brothers and sisters of the intestate, and to their descendants.
4.If there be none of the kindred aforesaid, then the inheritance shall be divided into two moieties, one of which shall go to the paternal and the other to the maternal kindred, in the following course: To the grandfather and grandmother in equal portions, but if only one of these be living, then the estate shall be divided into two equal parts, one of which shall go to such survivor, and the other shall go to the descendant or descendants of such deceased grandfather or grandmother. If there be no such descendants, then the whole estate shall be inherited by the surviving grandfather or grandmother. If there be no surviving grandfather or grandmother, then the whole of such estate shall go to their descendants, and so on without end, passing in like manner to the nearest lineal ancestors and their descendants.
Texas Probate Process
An estate in Texas is comprised of all of the assets owned by someone at the time of their deathâ€”for exampleâ€”cash, real estate, stocks, bonds, life insurance, retirement accounts, cars, etc.
The probate of someoneâ€™s estate refers to the process by which a Court recognizes that person's death and authorizes the administration of that person's estate. The probate process applies both when:
Someone dies leaving a Will or
When Someone dies without a Will
The Texas Probate Process requires that:
All of that personâ€™s property will be gathered
Their debts paid
The remaining assets distributed according to either the provisions of his or her Will, or
If they died without a Will, then the property will be distributed according to Texas law regarding intestacy (dying without a Will).
Initiating the Probate Process....
Initiating the probate process is actually fairly easy. Whether or not the Decedent died with a Will, an application for probate will need to be filed in a Texas Probate Court.
Once the Application has been filed, Texas probate law requires that you must wait approximately 2 weeks before you can have a hearing on the Probate Application for the Court to determine the necessity to open the Administration of the Estate and/or to recognize the Decedent's Will as valid.
During the 2 week waiting period, the County Clerk posts a notice at the courthouse that an application has been filed for probate. This posting serves as notice to anyone who might want to contest the Will or administration that they have a certain number of days to do that. If they fail to file their contest within that period of time, the Court can move forward in opening the administration and/or recognizing the validity of the Will.
Once the waiting period has passed, a hearing will be conducted before the probate Judge. At that time, he will recognize that the Decedent has died, that the Court has jurisdiction of the case, that the person applying to be the Executor is qualified to serve, and that either the Decedent died without a Will or that the Will he left was valid.
As a practical note, the local rules of most of the Courts hearing probate cases in Texas require that a person applying to administer an estate or admit a Will to probate must be represented by an attorney. Because the Executor has important duties to all of the beneficiaries and heirs of the estate, the Courts want to ensure that they are properly advised as to their obligations and duties as the Executor.
The complexities that can be presented in the probate process (especially when someone dies without a Will) can be difficult to properly address. Accordingly, we caution our prospective clients to take care in hiring an experienced Texas probate attorney who can competently advise you through the probate process. The consequences of receiving incomplete or inaccurate advice in this process can be unfortunate.
And don't forget that all bills and liabilities must be settled before disbursement to any heirs. If not, the executor can be liable for payment from hissorher own pocket.
I'm trying to figure out why the man's son is not entitled to the entire estate.
READ THIS QUOTE!
Quote:D. THIS SERVICE DOES NOT PROVIDE PROFESSIONAL LEGAL ADVICE. All of the services' content, including postings, is for informational purposes only. The service is not intended to be a substitute for professional legal advice, and no attorney/client privilege is to be inferred from any postings herein. Always seek the advice of a qualified legal professional with questions you have regarding a legal matter. You should not disregard professional legal advice because of something you have received from or read in the able2know service.
I'm going to tell you what everyone else is going to tell you. Don't waste your time looking for a FREE answer. Go to a real world law firm and HIRE a lawyer.
It seems you need to do it ASAP and get the lawyer to write some kind of cease and desist letter to the son. Waiting for our nonprofessional/free advice won't get you any legitimate answer or at least not in a timely authoritative fashion.