Legal Question in Wills and Trusts in Texas
My Sister - no will
My sister recently passed away in Texas, where she recited for 1 1/2yr. She was divorced and her living heirs, ages 17 & 19 recite in Maine. She did not have a will. Her only assets included a annuity from a settlement that she was receiving. How can a assure that this will be left to her children.
P.S. I am living in PA.
2 Answers from Attorneys
Re: My Sister - no will
If the annuity did not terminate upon her death, it would have been possible for her to designate benefiaries with the annuity company. If she did so, no will or estate administration would be necessary and future payments would be made in accordance with her wishes. If she did not designate beneficiaries or if the designation failed, an estate administration would probably needed.
Re: My Sister - no will
I had an aunt in Texas who died without a will an I'm the executor of the estate so I am familiar with how things are done in Texas even though I am only licensed in Pennsylvania.
When a person dies without a will the law provides a default will by statute.
Her heirs are entitled to the annuity. To get this they have to open an estate in Texas. That will require a Texas Lawyer for that. Once the estate is opened the estate will collect the annuity and distribute it to the heirs.
If you have any questions feel free to contact me. the initial consultation is free.
{John}