In the state of Texas, does a person who is incarcerated have certain rights to an estate? If not, do his descendants?

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In the state of Texas, does a person who is incarcerated have certain rights to an estate? If not, do his descendants?

Single mom died in 1995 without a will.
Seven siblings are left with property.
Taxes are due since 1995.
Siblings want to sell property.

Asked on October 9, 2018 under Estate Planning, Texas

Answers:

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

Answered 2 years ago | Contributor

I am a little confused here.  Is the person who is incacerated her spouse?  Or another sibling?  Unless either of them had something to do with her death then can inherit.  But many states will intercept inheritance to pay them back for "room and board" during incarceration.  If there is no Will then you proceed via the intestacy statute.  Some one has to file a petition to be appointed as the personal representative.  That person can then transfer the property but taxes, etc., will have to be paid or adjusted at closing.  Good luck.


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