Legal Question in Wills and Trusts in Texas

Probate

We did Affidivit of Heirship on our homestead. Our brother passed so his 2 children were listed as his heirs. In his will he gave his interest to his 4 siblings. We all agreed to handle the house in this manner to keep down possible confusion. (1) Is there a way to remove them from the affidivit without probate? (2) We understand that they can relinquish their interest . Is there a form for this? His children are aware of his desire. We as a family had decided that the house would always be there if one of us fell on hard times. Once the last sibling is gone the house would belong to their children. Please help!


Asked on 4/22/09, 7:16 pm

2 Answers from Attorneys
Donald McLeaish McLeaish&Associates;, P.C.

Re: Probate

When you try to legally bind others by "forms", you are headed to legal confusion. Hire a lawyer..and pay the price for getting it all done right...

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Answered on 4/22/09, 9:28 pm
David Leon David L. Leon, P.C.

Re: Probate

Possibly. I would have to review the documents, and ALL concerned would have to sign a settlement agreement and supporting documents. Although probating the will might not be that difficult, or expensive.

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Answered on 4/22/09, 9:30 pm


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