AV Preeminent Peer Rated Attorneys
Bellville Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
AV Preeminent Peer Rated Attorneys
Bellville Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Bellville Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).

Daniel C. Keele

  • 1634 Keele Lane, Bellville, TX 77418

Law Offices of Jamie J. Elick

  • 7 N. Harris, Bellville, TX 77418-1515

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Looking for Estate Planning Lawyers in Bellville?

Estate planning attorneys help individuals prepare for the management and distribution of their assets after death or incapacitation. They create legal documents such as wills, trusts, powers of attorney, and healthcare directives. Their work ensures a client’s wishes are honored, minimizes potential taxes, and simplifies the process for their loved ones.

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Commonly Asked Estate Planning Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

Can my sister purchase our parents property in estate that has not been probated without my knowledge and then sell it without my knowledge

Terry Lynn Garrett
Answered by attorney Terry Lynn Garrett
Estate Planning lawyer at The Garrett Law Firm, PLLC
First, your father's estate must be probated by a Court heirship proceeding, small estate affidavit or Affidavit of Heirship, passing his interest to your mother (if all his children are her children). Second, if your mother lacked legal capacity to contract when she "sold" the lots to your sister, report elder exploitation to Adult Protective Services. Third, if the person who purchased from your sister did not know all this, your remedy is to sue your sister for the money she got from selling the lots. You may be eligible for free representation through Volunteer Legal Services or discounted representation through the Modest Means program of Lawyer Referral Service in your area or through a clinic at a nearby law school.
First, your father's estate must be probated by a Court heirship proceeding, small estate affidavit or Affidavit of Heirship, passing his interest to your mother (if all his children are her children). Second, if your mother lacked legal capacity to contract when she "sold" the lots to your sister, report elder exploitation to Adult Protective Services. Third, if the person who purchased from your sister did not know all this, your remedy is to sue your sister for the money she got from selling the lots. You may be eligible for free representation through Volunteer Legal Services or discounted representation through the Modest Means program of Lawyer Referral Service in your area or through a clinic at a nearby law school.
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Estate Probation

Terry Lynn Garrett
Answered by attorney Terry Lynn Garrett
Estate Planning lawyer at The Garrett Law Firm, PLLC
After the court appoints an administrator (you, if you applied), the administrator can distribute separate personal property to the children according to the Texas rules of inheritance.  If you are the applicant, you might also want to talk to your attorney about setting aside the home and up to $60,000 in personal property for the widow (you) and about the fact that property purchased during the marriage is assumed to be community property unless proven otherwise.  These days a lot of folks feel entitled to "their" money and stuff before the body is cold.  But no one has authority to distribute anything until a court appoints them executor of a Will or administrator of an estate or signs an Order Approving Small Estate Affidavit.
After the court appoints an administrator (you, if you applied), the administrator can distribute separate personal property to the children according to the Texas rules of inheritance.  If you are the applicant, you might also want to talk to your attorney about setting aside the home and up to $60,000 in personal property for the widow (you) and about the fact that property purchased during the marriage is assumed to be community property unless proven otherwise.  These days a lot of folks feel entitled to "their" money and stuff before the body is cold.  But no one has authority to distribute anything until a court appoints them executor of a Will or administrator of an estate or signs an Order Approving Small Estate Affidavit.
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I am my moms executor and she recently passed away. I do not know where to start.

Terry Lynn Garrett
Answered by attorney Terry Lynn Garrett
Estate Planning lawyer at The Garrett Law Firm, PLLC
If the house is not in your mother's name, it is already owned by you, one sister and the other sister's estate.  If there is more in the estate than the house, you will have to probate the Will to get it.  Contact a probate attorney who practices in the county in which your mother lived and died.
If the house is not in your mother's name, it is already owned by you, one sister and the other sister's estate.  If there is more in the estate than the house, you will have to probate the Will to get it.  Contact a probate attorney who practices in the county in which your mother lived and died.
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