Legal Question in Wills and Trusts in Texas
sole executor of estate
i need to know what i have to do in order to get a court to grant me as the sole executor of accounts for both my mother and brother who both died unexpectingly. my mother died in 1995, she had no living will, and then in 1999, my brother also unexpectingly died, and he had no living will, but i was their beneficiary of their insurance, and the child of tax credit. i was only 15 when my mom died, and then i was 19 when my brother died. i still get letters and checks on their behalf, but i am unable to have access to them, because i am not appointed by the courts as the executor of their estate, and neither one of them had property. what do i have to do?
--name [email protected]
2 Answers from Attorneys
Re: sole executor of estate
Properly, you'd have to have heirship determined first for your mother's estate and then for your brother. You might get by with affidavits of heirship. The question is whether there is sufficient property to justify the legal expense.
Too much time has gone by to get an administration of either estate, so the only question remaining is who has the better right to the property.
Hasn't anyone informed these people that are writing and sending checks that both your mother and brother are deceased?
Re: sole executor of estate
What you can do depends on the property and debts of each estate. For your mother's estate, it's probably too late to have yourself appointed as an administrator, since more than four years have passed. There are alternate procedures, however, such as a small estate affidavit and the like.
You didn't mention when your brother died, or the family history. I'd need both before I can answer in more detail.
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