PawPaw Said in Texas

State of Texas. I am at a loss as to what to do in my situation. My grandfather died a couple of years ago. He has 5 daughters and 1 son. There is no Executor, and he left NO Will. I lived with my Grandfather for Seven years prior to his death, and still reside in the house today. Time and time again my grandfather made it clear that the house was to be left to me. He even said that the house was to go to me in front of family, (My Aunts). I have several witnesses to him stating this, including family. I know that there is a chance that some of the family will contest to the house being put in my name. There are Taxes on the house, which I have been paying off. What I am asking is how do I get the house turned over in my name? I know I'm going to need a Lawyer, but as a Grandchild, do I have rights based on his Oral statements?

FEB. 10, 2001

DEAR MONI:

It is very unfortunate for you that your grandfather did not protect his assets by having a will drawn up.

The oral statements have no value as far as determining your ownership rights to the real estate.

Since your grandfather died with no will, that is called "intestate" and the Texas laws of intestacy are now going to be applied.

You didn't mention whether the house was already paid for in full or if there is someone still making mortgage payments on it. What will probably happen is that a probate court hearing will be hald in which it will be decided that the title can be granted to the 5 daughters and 1 son who can then decide to sell the house and split the money or keep the house and let someone (like you) live there or rent it out.

Please visit the county courthouse to see if tghere is an "Administration of An Estate" file (in your father's name) at the probate court . If there is one, look inside to see who was named as "Personal Representative" (similar to executor) to handle his affairs after death. Someone in the family must have done the job of closing out his bank accounts, credit cards, paying funeral expenses, taxes, debts, etc., and that is the person who will technically be responsible for having the deed transferred to the children's names.

If no personal representative was named, then someone in the family needs to find out if your grandfather's federal and estate income taxes have been paid and other debts (take care of this as soon as possible if it has not been done, or there could be heavy penalties for delay), or else you might need to sell the house or his other assets to pay these obligations.

SINCERELY,

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