Legal Question in Wills and Trusts in Texas

Brother died without a will, how can my mother receive his retirement fund?
My brother passed away without a will. He never married or had children. My mother and I are his only living immediate family members. His company sent his retirement money in the form of a check to my Mother. The check was in my brothers name. The bank would not allow her to deposit the check. She hired an attorney who told her he would have to set her up as being in charge of his estate and it would take about 30 days. I signed a notorized form stating that I did not claim any of his assets as a rightfull aire. It has now been 2 months and now the lawyer says that he is going to have to put a notice in the local paper for potential aires to claim their part of the money (at my mom's expense of course). He also stated that an attorney would have to be hired on behalf of the potential aires (at my mom's expense of course). What is the normal procedure for enabling my Mother to legaly cash this check?

Asked on 6/07/06, 12:30 am

Peter Bradie Bradie, Bradie & Bradie

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Re: Brother died without a will, how can my mother receive his retirement fund?

Exactly what that attorney is doing. Your brother died intestate, so the court has to determine who are his heirs as a matter of law.

All that could have been avoided if he had a will, or designated a specific beneficiary for his retirement account.

Answered on 6/07/06, 10:29 am

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