Legal Question in Wills and Trusts in Texas

estate law

My husband died last minth, intestate. He left a big financial mess as the bank accounts, car loan and other things were in his name only. I had no dealings with our finances and little knowledge about them. I now need to deal with the bank, and his small 401K and a small stock portfolio. I was told that I can file a letter of Administration with the court to become like an executor to his estate. I don't know where to get these forms and will I need an attorney to file them? Thanks for any help.


Asked on 8/13/08, 5:56 pm

4 Answers from Attorneys

James Grissom Law Office of James P. Grissom

Re: estate law

I'm sorry that your husband left you with a big mess. But if you don't know how to do this job, you will have to get an attorney. The judge cannot help you and the work you describe requires experience. Sute it's going to cost you some money. But not as much as messing the situation up even more and going longer without your money. Get a lawyer. Shop around. Be careful of the cheapest and the most expensive. Good Luck.

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Answered on 8/13/08, 6:04 pm
Nicholas Dupre Stone and Associates, LLP

Re: estate law

I would strongly advise the use of an attorney. There are books that have forms and will tell you step by step what you need to do. However, it is very easy to file the wrong form or have things take longer than they need to because one isn't familiar with navigating the Texas probate system. If I can be of any help, please contact my office or if you just have questions I'd be happy to help. Good luck!

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Answered on 8/13/08, 6:04 pm
Donald McLeaish McLeaish&Associates;, P.C.

Re: estate law

Yes you need an attorney...normal fee in Dallas area is fifteen hundred plus filing..but unless their are children from a prior marriage..it should not be complicated..The creditors cannot come to you..but may take some of the estate..

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Answered on 8/13/08, 6:05 pm
Cheryl Rivera Smith The Smith Law Firm

Re: estate law

If all he had is a 401K and debts, it may not be necessary to administer the estate. Hopefully you are the beneficiary of the 401K and you would need to provide a death certificate and claim. However, if there are other assets and a house, an administration may be necessary and you will need an attorney.

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Answered on 8/13/08, 7:21 pm


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