Quoted:
Anyone here a Texas Lawyer that deals with Probate? I have some questions. My BIL passed away and died without a signed will and it is causing some issues with a non existent biological father who wasn't in his life from the age of 5 years old until he passed at 41. My wife (his sister) was granted unrestricted administration over the estate that was signed off by both her mother and her dead beat father. so my questions are as follows:
1. How much latitude does the executor have distribute estate assets to living heirs i.e. this person gets 20% while another gets 80%. Does the executor get final say in who gets what?
2. Are verbal agreements regarding real property (house and land) between the now deceased owner and sister (my wife) and mother binding in probate? I can't see why if verbal agreements are valid in other matters and not real estate in this situation. My BIL stated that a certain percentage of the house/land value is the property of his mother and my wife and there are actual correspondence via emails, txts and actual conversations that I was personally witness too prior this passing.
3. Can probate be extended in Texas if it is requested by the Executor if more time is needed to deal with the assets in the estate? If so can the Executor make this request without an attorney to the court?
Thanks in advance for any information
View Quote
I'm not your attorney, you aren't my client, and this isn't legal advice. You need a Texas wills and trust attorney yesterday. I'm not one.
Does your BIL have any children? Is bio dad still alive?
Texas does have rules for Intestate (guy died without a valid will) succession. They are largely found
here, at Texas Estate Code sections 201 and onwards. I have no idea when those general rules can be altered, if they can at all. A Texas wills and trusts attorney will know those things. A brief consultation should be inexpensive. The attorney will let you know about potential next steps if biological father is relevant in the disposition in your deceased BIL's assets.
Again: the personal representative of the estate administration needs to talk to an attorney to answer these questions.
Generally, contracts to convey land need to be in writing to be valid.