Legal Question in Wills and Trusts in Texas

My father recently passed away with no will in Travis County, TX. He was divorced with two children, myself and my older brother. As far as assets go, he owned no property, and had no bank accounts, but he does have a life insurance policy of $5,000 and a pension of approximately $6,000. We are not sure whether or not a beneficiary was named, they won't tell me since I am not executor of his estate and I do not have durable power of attorney. It is worth noting that I do have medical power of attorney, though I'm not sure that matters anymore. He also has an IRS debt of approximately $30,000.

He was also the victim of nursing home abuse, for which there will be a lawsuit generated, and I am under the impression that this cannot be settled until an independent administrator is appointed.

My family, including my brother, are all in agreement that I should be the independent administrator of the estate, so it will not be contested.

Finding two people willing to testify that they know my father and the facts presented are accurate will not be a problem.

Can you tell me the process involved in gaining independent administrator status and if I can do this without a lawyer? (I was quoted $5,000) Also, as an independent administrator, will I be liable for his tax debt and if not, who will?


Asked on 7/18/10, 9:56 am

1 Answer from Attorneys

To answer your questions:

1. A power of attorney dies with the power grantor. Also, a medical power of attorney only allows you to make medical decisions, not financial ones. Since the power grantor has died, this point is moot.

2. You are only liable for a debt of another if you agreed to be liable. As for being liable while wearing the hat of an estate admin, you're only liable if you neglect to pay them from available estate funds. (IOW, you embezzle funds that should have gone to them.)

3. Whether or not you can represent yourself in an application for letters is court specific. Dallas County, for example, considers that the unauthorized practice of law. At any rate, it's not a good idea to do this by yourself.

You should check with a few lawyers to see which one you like best. Some law offices will also do the probate portion of your personal injury case for an additional contingency. This takes the sting out of the up front costs, and you don't have to pay if there's no recovery.

Please let me know if there is anything else

Dave

http://leonlaw.com

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Answered on 7/19/10, 6:17 pm


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