Legal Question in Wills and Trusts in Texas

Can Property be sold no probate no will?

My mother-inlaws father passed away march 2002. There are eleven siblings ligitimate and unlitgitimate.

1. What are illigitmate siblings entitled to?

2. Can siblings be bought out without probate court?

3. when should probate be started?

Your assistance is most appreciated in this matter.


Asked on 8/06/02, 2:58 am

1 Answer from Attorneys

David Leon David L. Leon, P.C.

Re: Can Property be sold no probate no will?

First, I am assuming that the siblings of which you speak are the siblings of the mother in law and not the deceased's siblings. Second, I am assuming that the deceased's children born outside marriage have not been subsequently adopted by someone else. (In other words, the deceased has never terminated parental rights.)

That being said, we still have an issue as to what sort of action is required to settle the real property. If the deceased has no debts, and no other property, then it is possible to clear the title using affidavits. This means that no one would have to go to court.

This would likely place title in the heirs, which would include all of the deceased's children. Using a combination of family settlement agreements and deeds it is possible to purchase the fractional interests from one or more of the deceased's children. This is a common practice.

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Answered on 8/06/02, 8:49 am


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