Russell Aldrich

Russell Aldrich is the founder of the Aldrich Law Firm. His practice focuses on estate, probate, trust, power of attorney, and fiduciary litigation.

Russell graduated from the Pennsylvania Law School with a Juris Doctor degree. He also holds a Master of Arts degree from St. Mary’s University and a Bachelor of Arts degree from the University of Texas at Austin. Additionally, Russell is a certified as a mediator through the Center for Public Policy Dispute Resolution at the University of Texas School of Law.

Prior to law school, Russell enlisted as a Civil Affairs Specialist in the United States Army Reserve, and later commissioned as a Military Intelligence Officer. Throughout his Army career, Russell has served at a wide variety of military units and civilian agencies both at home and abroad. His military education includes the Basic Airborne Course, Joint Interrogation Management Course, and Dynamics of International Terrorism Course.

Russell has served as a zealous advocate for hundreds of clients in a wide variety of probate and trust matters, having advanced their interests in dozens of courts across the State of Texas. He takes special pride in fighting for those who place their trust in him and works tirelessly to ensure that the receive the justice they deserve.

University of Pennsylvania

J.D. (2011) | Law

2009 - 2011

Activities: The University of Pennsylvania Journal of Business Law; Custody and Support Assistance Clinic (CASAC)

St. Mary's University

M.A. (2008) | International Relations

2007 - 2008

University of Texas - Austin

B.A. (2005) | History/Government

2001 - 2005

Attorney

Aldrich Law Firm, PLLC

2011 - Current

Foreign Area Officer

United States Army Reserve

2006 - Current

Legal Intern

U.S. Department of Justice

2010

Government Analyst

Center for Social Development

2009

Research Analyst

IPREO

2007 - 2008

Police Communications Specialist

City of San Antonio

2005 - 2006

Intern

Texas House of Representatives

2003

The Need for a Legal Residency

San Antonio Lawyer

2012

U.S. Should Invest in Truly Unconventional Forms of Warfare

National Defense Magazine

2012

Why Kim Jong-Un Is Unlikely to Reform North Korea

American Bar Association Asia Law News

2012

An Examination of China’s Treatment of North Korean Asylum Seekers

North Korea Review

2011

Into the Warm Embrace of Comrade Hugo: What Venezuela’s Public Relation Gambit Means for the United States

Penn Political Review

2010

40 Hour Mediation Course

UT-Austin Center for Public Policy Dispute Resolution

Client Reviewed

Martindale-Hubbell

2023

10.0 Superb Rating

Avvo

2023

Best Lawyer Award

Expertise

2020

Preeminent 5.0 out of 5.0

Martindale-Hubbell

2019

Rising Legal Star

SA Scene Magazine

2012

College of the State Bar of Texas

Member

Current

Pro Bono College of the State Bar of Texas

Member

Current

Texas Exes

Life Member

Current

Military Officers Association of America

Life Member

Current

Foreign Area Officer Association

Life Member

Current

Colorado

Colorado Supreme Court

ID Number: 59053

Since 2023

Maine

Maine Board of Overseers of the Bar

ID Number: 006004

Since 2017

Texas

State Bar of Texas

ID Number: 24078132

Since 2011

U.S. District Court, District of Colorado

Since 2011

U.S. District Court, Eastern, Northern, Southern & Western Districts of Texas

Since 2011

U.S. Supreme Court

Since 2015

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Q. Parent recently died, and parent's apartment needs to be vacated. Leasing office is not responding.

January 26, 2023

A: First off,I'm terribly sorry for your loss.

I'd need more information to be able to answer your question more fully; however, as a general rule no one is entitled to possession of a decedent's personal property until an executor or an administrator is appointed for his or her estate. This applies even in situations where you, as a child, would inherit your parent's property by virtue of your status as an an intestate (i.e., when someone dies without a will) heir of their estate.

In cases where there is no will and when there's no necessity for the appointment of an administrator, the intestate heirs would inherit the property immediately upon the death of your parent. The share of your parent's property that you would be entitled to receive depends on your parent's family situation at the time of their death (married vs. unmarried, number of children, whether the children were born to the same parents, etc.). Additionally, the share to which you will be entitled also depends on whether the property was community or separate property.

Even if you are entitled to your parent's property immediately, the trick is convincing anyone in possession of that property to turn it over to you. How do they know you're really an heir? How do they know how much property you're to receive? How do they know there's not a will? Banks, brokerages, storage units - and in this case, an apartment complex - aren't going to just take your word for it. If they let you take the property, it becomes a liability issue for the apartment complex because if it turns out that you aren't an heir then the person that IS an heir may come forward later on and file suit against the apartment complex for having let you take the property that they would have received.

How the various companies handle this issue largely depends on their own policies and, quite frankly, the value of the property that they're holding. Banks, for example, will almost always require a court order (small estate affidavit or a judgment declaring heirship) before letting you take the money in the account. Occasionally, a business holding the property of a deceased parent will turn it over to the children without a court order (whether this is a good idea or not is another question, however) when the value of the property is low; however, they are under no obligation to do so (nor is the apartment complex in this case) In fact, it's probably not even accurate to say that the apartment complex is "holding" the property of your parent; rather, what it appears they did was give access to the apartment to third parties, and that they in turn removed property of your parent from the apartment.

An attorney specializing in landlord/tenant law could probably answer the question as to what the rights and obligations of the apartment complex are in this situation. If the apartment was negligent and caused you harm, then they could probably advise you as to the strength of your case and what your options and potential remedies might be should you file suit.

From a practical standpoint, however, the cost of hiring a lawyer may outweigh the benefit even if you win your case. It may also be the case that you did wish to initiate initiating legal proceedings against the apartment complex, you'd need to be appointed as the administrator of your parent's estate first. Since your parent died without a will, the process to have you appointed as such would likely be expensive and time-consuming. If there were other reasons as to why an administrator would need to be appointed, then perhaps the time/cost of probate would be worth it. If it's solely to obtain the property in the apartment or hold the apartment complex responsible, however, then it may not (though your mileage may vary - it could be that there is something in the apartment that is particularly valuable or sentimentally important to you).

Again, my condolences for your loss. I hope I've been of some help. ... Read More