What should I do with regards to my mother’s passing f she had no Will?

UPDATED: Sep 30, 2022

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What should I do with regards to my mother’s passing f she had no Will?

I have a sibling who has moved into the property of my recently deceased mother, lot, stock and barrel. There has no been no disclosure of my mother’s wishes. It seems the title of the house was signed over a couple of months before her passing. This I found out through public records. There was far more than a house with regards to my mother’s estate. What can I do?

Asked on February 28, 2017 under Estate Planning, Texas


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If title to the house was signed over to your sibling, then they are now the legal owner of the it. However, it is can be proved that they excerted "undue influence" or "duress" on your mother, then the transfer can be contested (but it is a difficult and expensive process). As for the contents of the house and the rest of your mother's estate, since she died "intestate" (i.e. without a Will), the laws of the state in which she was domiciled as of her death control how her assets are distributed.

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