Grandmother died without a will 3 Children (1 Deceased)

[golf05]

What is the name of your state? Texas

Hello,
My grandmother recently died without a will, and my father (her son) died several years prior. The only other children which my grandmother had are my aunt and uncle who are still alive. Even though my father died before my grandmother, am I entitled to his portion of her estate (1/3). Or, is her entire estate split equally between her 2 remaining living children (my aunt and uncle).
Any information would be helpful. Please let me know as soon as you can.
Thanks,
C. Smith

[freespeech]

I would think you would have a right to present your case in probate court but without benefit of a will you may not stand a chance since your Father passed before she did. Who really knows how a Judge would rule. I

I do not know how large this estate is but it could very well be eaten up by Atty fees if a court battle ensues. A court will now appoint someone to be more or less the executor of the estate to settle debts, etc. before anything can be done with ANY of the assets she left behind.

Have you approached the Aunt and Uncle about a split? How do they lean on this? It will not come to you without costs if they are fighting it.

[golf05]

Thanks for the quick reply**************..now for a few more details.
My aunt an uncle are actually selling my grandmothers house (her only asset valued @ $65k). They say that since my father died before my grandmother, I am not entitled to any of the money from the sale. It seemed logical...... however, the title company where my grandmother's house is closing wants me to sign a warranty deed saying that I have no interest in the property. If I truly have no interest in the property, I will gladly sign it, but if I am entitled to 1/3 of the sale price I would like to receive it.
Thanks for the info.....please let me know if you have any more advice!!!
C. Smith

[freespeech]

Under whose authority are they selling the house, have they been appointed executors of the estate? Otherwise they have no right to sell it unless it is titled in their names. I would sign nothing without knowing for sure I did not have a right to a portion of the sales price. See an Atty Tuesday morning for a quick consult.

DO NOT sign away rights you may have or may not but it is strange they want you to sign away something they are saying you have no interest in!!

[golf05]

I have done a little research into my possible ownership in part of my grandmothers estate, and there is an affidavit of heirship filed at the courthouse listing my aunt, uncle, & father (deceased) on it. This was filed after my grandmother died. My aunt and uncle claim that since my father was deceased when my grandmother died, that I do not have any rights to her estate. My father was just listed on the affidavit to show that he was deceased. I would really not like to rack up any large attorney fees or cause my aunt and uncle unnecessary trouble if possible. Do I legally have any rights to my grandmothers estate since my father died before she did. I thought that this probably occured frequently and would have a simple answer.
I appreciate your time, and any info is very helpful.
Thanks again,
C. Smith

[anteater]

Ask aunt and uncle how they interpret Chapter II, Section 43 of the Texas Probate Code:


§ 43. Determination of Per Capita and Per Stirpes Distribution

When the intestate's children, descendants, brothers, sisters,
uncles, aunts, or any other relatives of the deceased standing in
the first or same degree alone come into the distribution upon
intestacy, they shall take per capita, namely: by persons; and,
when a part of them being dead and a part living, the descendants of
those dead shall have right to distribution upon intestacy, such
descendants shall inherit only such portion of said property as the
parent through whom they inherit would be entitled to if alive.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended by
Acts 1991, 72nd Leg., ch. 895, § 3, eff. Sept. 1, 1991.

[freespeech]

"affidavit of heirship" makes all the difference in the world!

Follow anteater's advice!

[golf05]

Thanks for all of the info. If anyone else has any additional advice, please respond.
Thanks again,
C. Smith

[anteater]

Originally Posted by golf05

Thanks for all of the info. If anyone else has any additional advice, please respond.
Thanks again,
C. Smith

Yeah, as freespeech said, "DO NOT SIGN." And if you don't want to cause unnecessary trouble, give Aunt & Uncle the benefit of the doubt and politely say "Uh, guys, I don't think that you know Texas Probate law."

The title company is not dumb.

[golf05]

Thanks!
Will Do.
C. Smith