Legal Question in Wills and Trusts in Texas
My oldest brother just passed away. He was 58 and lived with my parents. He had a bank account, some cash savings, and a vehicle. He was self supporting. He had a insurance policy to cover his burial, he received food stamps, and also had a card for medical help. What happens to his assets now? He is survived by both parents, 2 brothers and a sister.
2 Answers from Attorneys
The parents each get one-half of his estate.
The biggest problem is obtaining the money in the bank account. Different banks have different policies as to what is required. The parents should check with the bank and find out their policies. Some banks have strict requirements that must be met. If they have trouble, they should contact a probate lawyer.
I'm sorry to hear about your brother. If he had a will, the will would appoint an executor, who would be responsible for taking care of it. The executor would present the will to the probate court. If there is no will, then there are a few different procedures available, but choosing the correct one is fact specific. I'd recommend your interviewing a few different probate attorneys and seeing which one your family likes best. Most (myself included) will give you a telephone consult for free.
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