What to do if my father passed a few years ago without a Will byt my brother has been putting off the probate process ever since?

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What to do if my father passed a few years ago without a Will byt my brother has been putting off the probate process ever since?

We put a tenant in but he stopped sending my cut 6 months in. He’s now moved in himself rent free. On top of this he hasn’t paid taxes on it for the last 3 years. What, if any, action can I take against him?

Asked on June 15, 2013 under Estate Planning, Texas

Answers:

Nathan Wagner / Law Office of Nathan Wagner

Answered 8 years ago | Contributor

You can start a probate case, and ask the court to name you as administrator. As administrator, you could list the house for sale by a real estate broker, demand rent from your brother, or even have him evicted if he does not pay the rent. Of course, you would also become responsible for using your father's assets to maintain the house and for transferring your father's assets to his heirs. 


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