Elgin, TX Estate Planning Law Firms & Lawyers

If you have an interest in your father's estate, you can file an application for a probate administration, or file a contest if your brother or someone else has started one. However, if you have a trust, it is possible all of your father's assets were placed in trust and no probate is necessary. Look to real estate records to see if real property you think your father owned is actually in his name or in the name of a trustee. If everything is in trust and you are a beneficiary, you can sue the trustees for breach of fiduciary duty. If you are not a beneficiary , you may be out of luck.

That seems odd if you plan to act jointly.  However, if the trust agreement does not state that you must act jointly, your sister could act without you.  If she made a mistake, you could be financially liable as well.  Perhaps you should have it reviewed by an attorney and take steps, if needed, to limit your liability.

Having or not having a Will is not determinative of whether probate is necessary. Depending upon the total value of all of your uncle's assets that do not have named beneficiaries, joint tenants or held in trust will determine if a probate is necessary. You may need a simple affidavit, to proceed with a set aside petition or you may in fact require a probate to administer your uncle's assets. You probably should consult with counsel about the specific facts of your case, or you may try to navigate the probate arena on your own and utilize the forms available at the self help center at Family Court.