Legal Question in Wills and Trusts in Texas

Taking Posession of deceased's property
My Mother passed away leaving her house and contents to her three children as specified in her will. Her husband is living, he has a house (fully furnished) in another town and it is his "homestead". My Mother paid for her house before they were married and it stayed in her name. They had separate accounts and she paid ALL expenses on the home. Now, her husband will not allow any of the children in the home even to get her personal effects. What are our legal rights? We want immediate possesion of what was our Mother's and willed to us. I am also the independent executor of the will.

Asked on 7/13/00, 4:36 pm

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

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Re: Taking Posession of deceased's property

If there is a pending probate, apply to the probate judge for an Order to take possession of this asset.

If there is no probate pending, start one. You have no authority until you appointment is confirmed by the probate court.

Answered on 9/08/00, 6:11 pm

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