How can we find out what the legal status of an estate is?

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How can we find out what the legal status of an estate is?

My grandparents died 2 years ago and my sister still hasn’t transferred the deed. Actually we are not sure if the Will has been read or what is going on. She is getting delinquent tax notices and she is trying to rent it out but the house is deteriorating. My siblings and I are not sure of our rights. We don’t want her to lose to the house and we are not sure if it is even hers since county records still have my deceased grandmother as the owner. We don’t want it rented and she has been selling things from inside the house slowly through the last 2 years. She is not giving us information on anything. We are lost.

Asked on November 21, 2011 under Estate Planning, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The best way to ascertain the status of your grandparents' estates is to sit down with your sister and simply ask whether a probate or an intestacy proceeding has been file or if a trust administration as to their estates is in process. If not, ask why not. Also ask if there is a Will. If there is a Will, get a copy of it and consult with an attorney experienced in Wills and trusts as to what needs to get the probate process moving forward.

If there is not Will or trust, you will need to consult with a Wills and trust attorney about filing an intestacy proceeding since the grandparents do not have a Will. From what you have written, if your sister is handling your grandparents' estates, she should have done a lot more long ago with respect to filing paper work with the court.


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