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Ely
Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 99981
Experience:  Fully licensed attorney in Texas in private practice.
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My sister who has never married and has no children died without

Customer Question

my sister who has never married and has no children died without a will. she lived in low income housing that was incorporated and she owned one share worth about $160,000. The apartment is in process of being sold. How does my other low income sister be named her beneficiary?
Submitted: 7 months ago.
Category: Estate Law
Expert:  Ely replied 7 months ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. I am sorry to hear about your family's loss. I am guessing that probate has not been filed for your sister.When someone passes away, then their estate has to be distributed. The problem is that without probate - with assets such as titled property or bank accounts (those that do not have a pay on death clause) - this is hard to do. This is because you cannot switch over the assets without an order from the probate court, and simply a Certificate of Death will not do. A Certificate of Death simply states that someone has passed on, but does not give you the right to really do anything in the deceased's name. So one files probate. Once probate is filed, the Executor of the estate gets something called a Letter of Testament/Administration (hereinafter "Letter"). This Letter will allow the Executor to switch over the assets from the deceased individual to whoever will own the property. It is like a "Power of Attorney," but from the Court. Without that Letter, there is no way to transfer titled property and switch the assets into the beneficiaries' names. If there was a Will, the beneficiaries are decided per the Will. If there was no will, the beneficiaries are decided by default succession law of the state - see HERE under "Who Gets What..." So whoever is the beneficiary under that link will be able to claim her share once they are given this by the Executor.There are numerous probate options, including small estate administration which is probate but faster and more by mail, and is available to smaller estates. See HERE. It is recommended to use an attorney to figure out which option is best, ***** ***** file. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Expert:  Ely replied 7 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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