Legal Question in Wills and Trusts in Texas
no will
my mother died with nothing. after her death, the insurance mailed her a check for $60,000, to her. the accident happened a year before her death. the check should have been written then. (She broke her hip at her daughter's). She spent the rest of her life in a nursing home. Now, the problem is that she left no will. She has 5 living children and 1 deceased. There is not enough money to file probate and pay the court attorneys. Shouldn't the check be made to her account? My husband had POA but it ended when she died. the children would like to just put it in her account and let it draw interest for a yr. (To see if medicare wants any of this money). Any suggestions? I feel it is an insurance problem and not a will problem. Thank you for your time and interest.
1 Answer from Attorneys
Re: no will
Why do you feel that there is not enough for probate? You can initiate a probate proceeding and have the attorneys paid from the insurance fund. Probate in Texas is not expensive. The first step is to determine who gets what (heirs, Medicaid). Next, you need to see which of many court alternatives is available to dispose of the estate assets (meaning the insurance funds) depending on who is there and how much Medicaid wants, this can be a straightforward process.
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