Legal Question in Wills and Trusts in Texas
Father - in - law dies with no will
My father-in-law passed away two weeks ago. He had no will, and barely any life insurance to bury him. My question is, my husband's older brother has taken on the task of paying for the expense of the funeral and states that since he has done this he is entitled to everything that my father-in-law had. My husband and I have offered to help pay for any expense and are even paying for the utilities that were left as they were in my husbands name. Is there anything we can do to have it to where we pay for the final expense and are entitled to certain items. My father-in-law didn't leave much its more of a sentimental thing than a money thing. Also, my father-in-law had stated that he gets a pention from his union after he dies, this pention was suppose to be signed over to our son, however the brother who has stated that he is paying for everything is stating that he is entitled to that as well, how can I find out if my son is listed as the beneficary and if he is listed as the beneficary how do I go about getting that for him. What if the brother has changed the information?
1 Answer from Attorneys
Re: Father - in - law dies with no will
If your father-in-law died without a will, any of his children can move to have heirship determined. Then the court will say how the estate is divided.
The brother is entitled to be reimbursed from the estate.
However, the pension should go to your son (or into a trust for your son if he's a minor) rather than to your F-I-L's estate IF your F-I-L named your son as the beneficiary. Brother does not have the authority to make such a change.
The union should let you know if you ask them.
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