Legal Question in Business Law in Texas

My mom passed away recently. She was a book keeper and tax preparer. Do I have to give her cliens their papers, reciepts, etc back?


Asked on 4/03/12, 1:49 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

I'm very sorry for your loss.

The answer to your question is yes. The records were never your mother's property to begin with, so they did not become your property when she died. The clients had the right to reclaim the records from your mother while she was alive even though she had been hired to work with them. The clients did not hire you, so it would make no sense to say you can withhold what your mother would have been required to return.

Note that even things that did belong to your mother didn't necessarily become yours upon her death. If she had a valid will, then her assets will be distributed according to its terms (assuming that the terms are all proper). If she didn't have a valid will, then her assets will be distributed according to the rules of intestate succession.

The only ways you would be entitled to all of your mother's assets would be if she had a will that left everything to you or if she died intestate and left behind no other children and no surviving spouse. In some states (perhaps even all of them), if you had a sibling who has died but whose children are still alive, they would be entitled to the deceased sibling's share.

Bear in mind that your mother's estate will be governed by the laws of the state or country where she lived. If you live in a different state or country, then your local laws may be different.

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Answered on 4/03/12, 2:09 pm


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