Legal Question in Wills and Trusts in Texas
Who to contact if there is no will
My wife's biological father passed away recently and she has had no contact with him for a while. Some friends of his have called and indicated that his girlfriend is raiding his property. We are separated by a great distance and do not know anyone that lives in that area. What state/local government agency should we contact to a) start the ''no will'' government process and b) keep property from ''disappearing''?
3 Answers from Attorneys
Re: Who to contact if there is no will
You can:
(1) Contact the public administrator from the Surrogate's court of the county where your father-in-law resided at the time of his death. This person/office is a government position that will administer the estate. However, this office moves at the same speed as most government offices, and ends up charging a similar fee as private attorney.
(2) Contact a local private attorney who can administer to the estate for you and petition to have you wife named administratrix (similar to executrix) of her father's estate.
If you require additional assistance, you may contact my office at 212-401-2990 or by email at [email protected]. Please indicate your father-in-law's domicile address.
Good luck.
Re: Who to contact if there is no will
You have my condolences on your loss. it is unfortunate that it has been a while since she was in contact with her father. The legal situation: your situation is unpleasant, but it is not unusual. i understand from your question that he was living in Texas. Stopping the girlfriend from stealing his goods will require going to Texas and stopping her. YOu will need to start the legal process. you can expect that cash and similar items are already gone, if she was going to steal them. i suggest you do not delay any more. you will need a texas attorney for legal advice. i am able to find such an attorney for you, using a couple of resources. If i can assist, please call me, 973-890-0400.
Re: Who to contact if there is no will
Presuming your wife is the closest living relative, she can apply to be administrator of the estate. This can usually be done without physically going to the State where she is seeking appointment. Once she is appointed, she can designate someone locally to seal the house, change locks, etc., to prevent further theft. She can also contact the local police and report the incidents, but they might not take any action unless and until she has qualified. If she is not the closest living relative (if there is a spouse or other siblings/children) she might not be able to qualify or qualify alone.