Legal Question in Wills and Trusts in Texas
Property of Deceased
My friend died in the hospital. He did not have a will. His sister has gotten Temp Executor of his estate. He had a car, laptop, and clothing at my house. She has reported the car stolen and wants his belongings. I want to give them to her, but I'm afraid to have her come to my house and also I'm afraid that she'll say she didn't receive them. What can I do to cover myself in case she says she didn't get everything. Her attorney called and said that he would have the police intervene if I don't return the things. I never had any use for his belongings I just want to return them and move on with my life. I was just trying to help my friend since he had noone else. I called the police and they said it was a civil matter and they couldn't intervene anyway. I wish I could return the items some place neutral. Is there anything I can do to make sure this is resolved?
1 Answer from Attorneys
Re: Property of Deceased
Call her attorney and tell him you will turn over the decedent's property IF he will provide you with a copy of the Letters Testamentary (issued by the probate court authorizing her to handle the property of the your friend's estate) and a release by the estate from any claims against you. The attorney should be willing to do this. If you want send the request by certified mail.
Before they pick up the car take dated photos to document the condition of the car.
Get a receipt from the sister for everything stating that the property was received in good and working condition.
This all seems like overkill, but if your gut tells you something isn't right here, it doesn't hurt to have all your bases covered.
Best of luck to you.