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Probate X2 Fiasco

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countryhome

Junior Member
What is the name of your state (only U.S. law)? Texas.
Grandmother died years ago, left a handwritten will leaving her estate split 3 ways with my mother, my uncle and me. My mother, the executrix, lived at the home; the family agreed that she should stay (she was in poor health, and no one wanted to sell the property). Homestead was worth less than 50K at the time (owned outright), and the remainder of the estate was just meager home furnishings and a vehicle that she co-owned with my mother. As my mother's medical problems prevented her from working full-time, I paid all the property taxes and helped with home expenses (actually I have paid all the taxes on the property since 1996).
5 years later my mother died intestate, having never probated grandmother's will. She left a small life insurance policy to me, which covered her burial and some (not all) of her bills.
Meanwhile, my brother and sister insist that they do not want the property sold. My brother literally emptied the house, taking all the furniture and most of my mother's belongings (he had already taken the car). But they cannot be bothered to help with upkeep, maintenance, or taxes. My uncle doesn't want anything to do with it, and would be fine with signing everything over to me.
I am assuming that the grandmother's will must first be probated, which is a 3-way split. Since my mother's interest would be 1/3, the next step would be small estate probate?
I am looking for guidance on anticipated outcome, either from the standpoint of keeping the property (preferred option, but I would want the deed solely in my name), or selling/distribution. Good nature and sentimental value unfortunately led me to sink a great deal of resources (both money and hard labor) into the house, to bring it back from dilapidation. (The siblings neglected to help with this, although they lived nearby, and I lived across the country at the time).
I can no longer keep the family peace by playing nice guy and throwing money into a black hole, and need to look after my own interests which I have not done thus far. What are my chances of probating X2 and taking over the deed? Or if I must resort to sale, what expenses can I deduct from the proceeds before final distribution?
Thank you in advance.What is the name of your state (only U.S. law)?
 


curb1

Senior Member
"A small estate affidavit allows for settlement of an estate without having to go through probate. According to the Texas Probate Code, the value of the estate must measure less that $50,000, not including the person's homestead. The person inheriting the property must be the clear heir, such as the surviving spouse or child. In order to inherit the deceased homestead, the heir must have been living on the property with the deceased."

How to File an Affidavit of Small Estate in Texas | eHow.com
 

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