Need help with Dad's estate

[Jentexas]

What is the name of your state? Texas

My father passed away a little over a year ago. The heirs include my brother and I and a half-sister in another state that no one has met (not even my father). My father passed without a Will that we are aware of. My brother and I have sought legal help and have decided to file a Small Estate Affidavit. Our half-sister will not sign the paperwork. My father doesn't have much (a small paid-off home that he built and lots of debt). My brother and I would like to keep the house. We can not move forward without the signed paperwork. Our intentions would be to pay her 1/3 share directly to her. My brother and I have been paying the out-of-pocket expenses associated with my dad's affairs (property taxes, utilities, upkeep, maintenance, etc.). We would like to fix it up and get insurance for it since it is on the Gulf Coast but can't without the signed paperwork.
1. Can we make her sign the paperwork....with minimal cost?
2. Since the house is still in limbo, do we qualify for any property tax exemptions?
3. Can the expenses paid on the house and associated with the house be reimbursed?
Thank you for your help!

 

[pojo2]

a small paid-off home that he built and lots of debt)

Aren't you and bro putting the cart before the horse here? Those creditors?

The house will have to go through probate if your names are not on the deed/title!

 

[Jentexas]

I understand going through Probate. That is what we are trying to do with the Small Estate Affidavit. The half-sister will not sign it so we can file it with the court to begin the process. Any suggestions?

 

[anteater]

I understand going through Probate. That is what we are trying to do with the Small Estate Affidavit. The half-sister will not sign it so we can file it with the court to begin the process. Any suggestions?

My memory is that a Small Estate Affidavit cannot be used, if the deceased's assets, excluding the homestead and personal property, will not cover the deceased's liabilities.

So, back to pojo2's question: how are father's creditors going to be satisfied?

Also, my memory is that all the heirs have to swear to the affidavit. If half-sister deckines, then she declines, and you move on back to square.

 

[Jentexas]

thank you anteater. I spoke with an attorney and I gave him the list of assets and debts. He said even though the debts are currently more than the assets (mostly last hospital bills)it is still worth going through the probate process and may not be insolvent. We think there are more assets but we are unable to get information on them since we do not have the affadavit signed by all heirs. We also think my dad may have a Will in a saftey deposit box but can not get information on it without the signed affadavit. The attorney stated that the creditors would have to file a claim against the estate and many of them may not. Then once we have the list of claims against the estate we would be able to make offers to them based on my dad's assets. Hopefully, there will be some sort of assets left over to pay off the half-sister and still keep my dad's home. We may be thinking a little too positive...