Probate laws for Texas

[hotwheelstx]

As most of you know my momma passed away on November 29, 2006. I will try to make this as brief as possible....I'm really at a loss about everything.

My mother didn't leave a will. However, she did leave a note that no one knows when it was printed on her computer, it wasn't signed, dated, notarized....I mean nothing.

In the letter she requested how she wanted to be taken care of after death, what's to done with her home, her belongings. Letter goes on and on.

Here comes the problems:

I realize since she didn't leave a will that this will go to probate court. In the meantime, my brother (who has access to her checking acct. I don't) has been pulling out money since her death.

1. My mother requested cremation upon her death. My brother has gone out and bought her a casket. Something I know she was against....I know that he took the money out of her acct. He even went as far as to go with his wife instead of me to choose the casket. I have no idea where it was bought, cost, what it looks like.

2. My mother lived in her home for over 40 years (the house that I grew up in). When my parents divorced my dad gave me his half of the interest, equity and everything that went with it. I have divorce papers to prove that it was done. If the house was sold before I turned 18 1/2 the proceeds were to be held in a trust fund until I turned 18 and then I was to receive the money....that didn't happen. So, again my parents went to court and my father gave up everything pertaining to the house and gave it to me. I now own 2/3 of my mother's home. Which leaves my brother with a 1/4 his share.

3. My brother and sister inlaw just bought a new Nissan and I'm also sure that money came out of her acct. They've had the car for around 10 days or so.

4. My mother had taken my brother's father (different dads) to court for back child support payment and in Sept. finally received the full amt. that was deposited into her checking acct. I have found that paperwork. My brother seems to think that it's his money to do with what he wishes. I think not since it was owed to our mother and it was hers for his upbringing.

5. My mother's 401K and life insurance policy clearly state that I'm the beneficiary with my brother being the co-beneficiary.

My questions are if anyone knows about Texas probate:

Would my brother have to pay the money back that he's spent since my mother's death?

My brother thinks that he can cash in on mom's 401K and life insurance policy without my signature....I don't think he can as I'm listed first and that's the way momma wanted it.

Who initiates' probate? Do I on my own take the paperwork or does someone contact me?

6. My sil thinks that since my brother is the youngest that EVERYTHING momma had goes to him w/out any questions.

7. For the cost of the mausoleum, viewing that cost will be coming out of my mother's 401K per her request. I took the paperwork to mom's employer and he got the paperwork started. Even though she didn't leave a will I'm trying to do as she requested upon her death. Fighting baby brother all the way. We're 17 years apart, btw.

8. When going over to my mother's on Monday to clean out some of her things her current bank statement arrived. I opened it and saw withdrawls for large amts. that I know were not hers. For gas, dinners, movies. My mother didn't drive, have a car, hardly went out to eat, ever. You had to pick her up and take her where she wanted to go....unless she took the bus.

9. My mother's viewing is on Friday this week. I had to reschedule it due to brother's "schedule" and I did as a kindness to him. Today (Wednesday) my brother and his wife left for Las Vegas until Friday morning.....Does anyone find that odd? Our mother's only been gone for 2 weeks. I know myself I couldn't find it in my heart to go on a vacation.

10. My brother has done NOTHING to help me plan anything with momma being put to rest. All he's done is complain, whine that I'm not doing things "his way". I'm not trying to please him....I'm trying to go by our mother's wishes per that letter.

If anyone could help me I would greatly appriciate it. I'm worried about the house, mom's money, holdings. I know that she would want everything (except the house) split equally. The house she even stated that since I was the "owner now that if I sold it would I please share the profits with my brother?". I would be willing however, if there's nothing left my brother has no one to blame but himself.

I know people get stingy when relatives pass away. I never thought it would happen in our family. My mother's sister has even agreed that since I'm the oldest, that I should be the one along w/my brother to take care of things. Not my brother and his wife. Also that I would know better than he would what my mother would of wanted after her death.

Any answers?????

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[iluvmybaby]

First of all, I am so sorry for your loss, I will pray for you and your family in this rough time. Second, my advice to everyone is, take this as a lesson, if you want your passing to be handled in a certain way, ALWAYS leave a will. I wish that I could offer some advice, only thing that I can think of is, it is time to contact a lawyer. I dont know if an unsigned, typewritten note will do, but it wouldnt help to present it. God Bless you

I lite a candle for you, hoping that this matter is dealt with quickily and to your satisfaction, please feel free to light a candel too
Group *iluv* Candles - Light A Candle

[BeanieLuvR]

Yes, I agree with iluvmybaby. You need to contact a lawyer ASAP. I don't know about your state but that is who put my mom's estate through probate this year. Thankfully there was a will and all of us kids agreed on everything. I find it very strange that your brother went to Vegas at this time. I will continue to remember you in my prayers. I know the grief that you are feeling and can only imagine how your brother's irresponsible behavior is adding to it.

[LuvBigRip]

Call an attorney immediately. Get all assests frozen, get an accounting of all transactions made after the death of your mother. Just be prepared that this could get expensive and ugly, depending on how your brother wants to behave, unfortunately, based on his actions to date, it doesn't look good.

[wubbywa]

How sad this has to happen. I am sure that this is not what your mom would have wanted. Your brother is acting selfish and he has to live with the choices he is making. Know that you are doing the right thing and that you one day can be at peace with how you handled things. I am sorry to hear about your mother. To bad you didnt have support from your brother. Sister-in-law needs to keep her nose out of it. Its not her business. I hope other family memebers are there for you for the extra supposrt at this difficult time.

[girlwithsoul]

Hey girl....you know, my dad's an attorney and works a LOT with wills and probate. Do you want his contact info? I asked him just now about it and he says that what's printed but not signed will not work and there are tons of variables that will effect the handling of your situation.

Let me know if you want his office number. He'll be in late this afternoon and a little bit tomorrow.

[YankeeMary]

Hey girl....you know, my dad's an attorney and works a LOT with wills and probate. Do you want his contact info? I asked him just now about it and he says that what's printed but not signed will not work and there are tons of variables that will effect the handling of your situation.

Let me know if you want his office number. He'll be in late this afternoon and a little bit tomorrow.

Thats real nice of you!

[buttrfli]

I don't know about Texas, but here, if you take the death certificate to the bank, they will freeze her acct. The bank will also go after anyone who has taken money from the account fraudently.

I am sorry you have to go through all of this

Take girlswithsoul's offer and call her dad (thats so nice of you guys).

[maranatha4]

I would advise you to see an attorney as soon as possible and let them advise you. Even with a legal will there can be complications.
My condolences in the loss of your Mother.
Mara

[girlwithsoul]

I PM'd you his name and number. He's my dad so I'm sure you'll think I'm biased but he really is the best! He deals with lots of big clients and still acts like a small town attorney. Call him!

[TexasGal]

I'm very sorry to hear about your mother. You need to speak to a probate attorney. The paper you found on the computer has no bearing because it was not signed, dated, and witnessed. During probate the judge will assign an estate representative. They will ask for an estimated valuation of the estate at the time of death and your claims to your mother's home will be evaluated. The representative will be ordered to set up a separate estate account to pay final bills, taxes, attorney and probate fees and to disperse the proceeds of the property, both real and personal, (according to a formula determined by Texas probate code) accordingly. The money can only be used for these purposes and anything else will be ordered to be paid back to the estate.

Here's a link to the Texas Probate Code. It will take some time to go through it, but may answer some of your questions.

Probate Code