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My brother recently passed and did not leave a will. He was not married and had no children. He owned a home and had renters with only a verbal contract. The tenants refuse to pay rent and have threatened to change the locks. What, if any, recourse do I have.
1 ANSWER
Automobile Accidents Attorney serving Amarillo, TX
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Russel L. Robinson
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Based upon the facts which you have given me it will be necessary for someone to apply to the probate court to be pointed administrator of your brother's estate. Under Texas law, a person dying without a spouse or children will have his estate divided into to portions with one-half to go to his father and one-half to his mother. If one or both of the parents are deceased that parent's share goes equally to brothers and sisters.
Until someone is appointed administrator there is no one with legal authority to deal with the property or the tenants.
My conclusions are based upon the facts you gave me. If other material facts are discovered the result could be different.
I hope this helps.
Russel L. Robinson
Answered on Feb 08th, 2013 at 3:25 PM