Legal Question in Wills and Trusts in Texas

My mom just passed away. She had a $5000.00 life ins. policy. We were going to use this as part of the payment for her funeral expensees. The funeral was right at $14,000.00. The life ins. policy listed me, my sister, brother, and step brother as beneficiaries. There is no estate, and we found a will for the four of us to share and share alike. My step dad is also deceased. My step brother lives in another state and did not come to the funeral. When the funeral home faxed him the form to sign to assign the life ins to them, he refused. He is very money hungry, but there is no money. I am the executor in the will. My brother, sister and I had to come up with money for the funeral. How do I handle this and how do I handle paying her bills, credit cards, etc. to get this all taken care of. We need to get the life ins money to pay back monies we had to borror for funeral and we need to take care of her bills etc.


Asked on 6/29/10, 2:34 pm

1 Answer from Attorneys
Mitsy Barajas The Law Office of Mitsy Barajas

Some counties require that you hire an attorney to do the probate, if your county does not require it, you can probate the will yourself. Once you receive the letters testamentary you can reimburse yourself and your siblings for the funeral. If there is not enough money to pay the bills you don't have to pay from your pocket, the creditor are only entitled to get paid by the estate.

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Answered on 6/30/10, 12:35 pm


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