If I am a widow and my deceased husband had 2 sons but they will not sign a small estate affidavit, what can I do?

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If I am a widow and my deceased husband had 2 sons but they will not sign a small estate affidavit, what can I do?

Asked on July 15, 2014 under Estate Planning, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss and for the issues that have arisen.  You may have to go through an actual probate of his estate and ask to be named as the executor/administrator and have them served with a Citation that the proceeding is going forward.  They have a right to object (and a time limitation to do so which the Citation will trigger) but then the matter will go before the court who can then appoint you to administer the estate.  Good luck.


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