Legal Question in Wills and Trusts in Texas

wills and next of kin

My wife was handed down some property in Henderson County, Texas. She died without a will. I live in New Jersey and I believe that the NJ law states any property she had automatically goes to next of kin whether she had a will or not. My attempts to see what happened to the property in question, Marcus Garcia Survey A-241 Henderson County, TX have been to no avail. My question is; It seems that other people involved in this piece of property have counted me out. Do I have any recourse?


Asked on 11/28/01, 9:32 am

2 Answers from Attorneys

Peter Bradie Bradie, Bradie & Bradie

Re: wills and next of kin

You first need to probate your wife's estate in New Jersey. Then you need to file the final orders as a foreign (sister state) judgment in Henderson County, Texas. You also need to get in touch with an attorney that practices in or near Henderson County; that's near Dallas. You do have recourse, but it's not going to come automatically to you.

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Answered on 11/28/01, 10:13 am
Walter LeVine Walter D. LeVine, Esq.

Re: wills and next of kin

First you have to qualify as administrator of your wife's estate here in NJ. This entitles you to handle her affairs anywhere in the world, after you have registered your authority. Hire a local Texas attorney, after you have qualified in NJ, to commence ancilliary proceedings in Texas (recognition of your NJ appointment as administrator). Then have the TX attorney do a title search to assure your wife's interest was properly recorded. If it has been properly recorded, it should be home free for you to take any necessary acion involving the land. If there are other co-owners it may be more difficult, especially if your wife's interest was a small part. It may be necessary to bring a suit for partition to segregate her interest or compel a suit to have the others buy you out or sell the land. This can be reviewed with the TX attorney once your rights are established.

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Answered on 12/04/01, 10:57 am


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