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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 29405
Experience:  Texas lawyer for 29 years in Estate law
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A friends mom just suddenly passed and she has a question.

Resolved Question:

A friend's mom just suddenly passed and she has a question. Her mom lives in Killeen tx
Has a house that paid off, single, does not have a will, also a car
What does she needs to do?
Does she needs to file as an executes? How to file? Can she file here in plano or she has to be in Killeen, or is there a link she can get the form and mail to or online filing?
Does she needs to get a local estate lawyer or she can do everything herself, she is the only child.
Submitted: 11 months ago.
Category: Estate Law
Expert:  RayAnswers replied 11 months ago.

Thanks for your question and good evening.

Your friend would have to make application for court supervised probate.She would file where her mom lived in Killeen.She will need a local probate lawyer.She would be named personal representative and administer the estate.As part of this she files an inventory, post notices to creditors. and then distributes the assets under the laws of intestacy.

The lawyer would hele her either transfer title here or sale the assets and then distribute the funds.Your friend will also have to obtain an EIN number.This takes the place of the social security number on the tax returns and bank accounts.All of this process requires court supervision.

She can locate a Killen lawyer here through our state bar.

http://www.texasbar.com/AM/Template.cfm?Section=Lawyer_Referral_Service_LRIS
_

Law of intestacy that controls who the hiers are here if there is no will.

http://www.nolo.com/legal-encyclopedia/
intestate-succession-texas.html

Reference to the probate process in Killen.

http://www.texas-probate-attorney.net/bell-county-probate-attorney.html


I appreciate the chance to assist you tonight.Please let me know if you have more follow up.Thanks again.

 

 

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Expert:  RayAnswers replied 11 months ago.
Thanks again for letting me help.I am so sorry you friend is having to got through all of this.
I know it can be a bit overwhelming.

Start with th lawyer referral and go from there.
Customer: replied 11 months ago.
Are most probate lawyer ok or she needs to find reference ? Or will these lawyer have any free consultation?
What is the time frame she needs to get he lawyer?
Customer: replied 11 months ago.
U also mentioned she has to get an Ein number, I know what Ein number is XXXXX it mean she has to apply for a company? Or you can get Ein number without a company, I know it costed me 304 to get my company registered and then I get to apply for Ein, and I know how to do it online, does she needs a LLC? Or
Expert:  RayAnswers replied 11 months ago.
The lawyer referral service here is $20 for a half hour office conference with a local Kileen probate lawyer.She can get a fee quote, go over the assets, and discuss making application.This process takes about a year here from start to finish.They also screen the lawyers here for experience, good standing, and malpractice coverage.I wish her good luck here.

The EIN number here is free from IRS she applies after she is named personal representative.

http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Apply-for-an-Employer-Identification-Number-%28EIN%29-Online

Once she has the EIN number she can change accounts over to estate of...and add her name to the account as personal representative.

You will get an email of our chat to to print to give to her once you rate positive.Thanks for the follow up.
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 29405
Experience: Texas lawyer for 29 years in Estate law
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