Our family lives in Texas and my sister has just passed away. She did not have a will. Her son who is 30 years old has distributed her belongings among himself and his wife. Is this legal? Can any legal recourse be taken to have them return some of the items?
This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.
Chapter II of the Texas Probate Code governs the distribution of the property of an individual who dies “intestate” – i.e., without a will. The rules governing the distribution of an intestate’s property are dependent upon a variety of variables, including but not limited to the relationship and number of the deceased’s survivors – i.e., parent(s), child(ren), spouse, former spouse(s), sibling(s); whether the deceased was married, single or divorced at the time of death; and whether the property to be distributed was community property was obtained during a marriage or the separate property of the deceased.
Your question is not sufficiently detailed for us to offer a competent response. However a qualified Texas probate and/or wills and trusts attorney can delve further into the matter and advise you regarding your and the other survivor’s legal rights and remedies, if any.