Do I have to probate?

**pj2007** · 01-29-2007, 07:20 AM

My stepmother is deceased. She had a will that left everything to her children. They have already probated her will and are waiting on me to file on my dads part of the estate.
My father passed away and left no will. My lawyer has typed up a letter of "heirship" to be notorazied by two of his closest friends showing I'm the heir to his estate. When I asked what else needed to be done he informed me that the Affidavit of Heirship was all that was needed. We would file it with the courts.
My questions are:
1. I don't need to do any inventory? My step-brothers did one on my stepmothers estate that was filed and approved by the court.
2. If this is all that is needed, do the courts just approve the heirship and give me my half of the estate?
3. What happens if 1 person is already living in the parents house and I want to sell my half to him? And then what if he doesn't want to buy my half can I charge rent for my half of estate while he is living there?
I'm in Texas.
Thank you for any replies. I would like to also add that this board has many members that seem to know what they are talking about.

**BlondiePB** · 01-29-2007, 06:51 PM

Quoting pj2007

My stepmother is deceased. She had a will that left everything to her children. They have already probated her will and are waiting on me to file on my dads part of the estate.
My father passed away and left no will. My lawyer has typed up a letter of "heirship" to be notorazied by two of his closest friends showing I'm the heir to his estate. When I asked what else needed to be done he informed me that the Affidavit of Heirship was all that was needed. We would file it with the courts.
My questions are:
1. I don't need to do any inventory? My step-brothers did one on my stepmothers estate that was filed and approved by the court.
2. If this is all that is needed, do the courts just approve the heirship and give me my half of the estate?
3. What happens if 1 person is already living in the parents house and I want to sell my half to him? And then what if he doesn't want to buy my half can I charge rent for my half of estate while he is living there?
I'm in Texas.
Thank you for any replies. I would like to also add that this board has many members that seem to know what they are talking about.

Who died first your mother or your father?

**pj2007** · 01-29-2007, 08:12 PM

My step-mother died first. Step-brothers were left with her half of estate.
MY father died in 2005 at which time my step-brother was living in his house and my father was living with me. He is still living in parents house.
As I mentioned my father left no will.

Thank you for any help you can give me with my questions.

**BlondiePB** · 01-30-2007, 08:33 AM

Quoting pj2007

My step-mother died first. Step-brothers were left with her half of estate.
MY father died in 2005 at which time my step-brother was living in his house and my father was living with me. He is still living in parents house.
As I mentioned my father left no will.

Thank you for any help you can give me with my questions.

Real Estate, the house, has to be probated. There's more to just filing an Heirship Affidavit. Another inventory must be done by the Executor/Personal Representative of the estate. Though an inventory has been done for your step-mom, who knows whether or not items on the inventory have been given away or thrown away. That inventory can be used with an amendment of current items, ones no longer there and new ones obtained by your father after his wife passed. You need to be appointed Executor/Personal Representative for your dad's estate.

Furthermore, find out exactly how the deed to the house is titled. If the deed is titled Joint Tenants with Rights of Survivorship, the house, in it's entirety, passed directly to your father. That means the house belongs to your father's heir(s).

Get a copy of step-mom's will. Probate records are public. You need information regarding her will and the deed (also public records) to know how exactly the home is titled and who inherits what. Remember, TX is a community property state.

Until you know how you stand, it is not feasible to answer your questions regarding rent & sale of the home. However, the executor of your father's estate can charge rent. Read your state statutes.