Legal Question in Wills and Trusts in Texas
Distribution of decedents assets
My uncle, a Houston resident, recently passed away without leaving a will. My father is the only remaining sibling (no parents, spouse or children). I understand Texas intestate law states that 100% will go to my father. My question is this: What is the $ amount that will determine probate proceedings, if any, and if not, how do we handle disposal of his house, cars, bank account?
2 Answers from Attorneys
Re: Distribution of decedents assets
If the estate is less that $50,000, there is a provision in the probate code to transfer assets such as house, car and bank accounts. If you want my assistance in handling this matter contact me by email.
Re: Distribution of decedents assets
Were there any previous siblings that had children? In that case, the grandchildren would take their parent's portion.
You need to speak with attorney concerning the size of the estate and other factors that may require administration.
Texas attorneys handle probate on a straight time basis, rather than the percentage taken in California. Figure that if an administration is required, the overall costs will run somewhere between $2500 to $3000, because the estate will need to pay for an attorney ad litem for unknown and missing heirs, as well as the attorney for the estate.
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