Ask a Lawyer and Get Answers to Your Legal Questions
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.
If mother didn't name a beneficiary for the insurance, then it goes to her estate. Under TX law, there is a mandatory 4 month waiting period for creditor claims so anyone can file a claim for money they are owed. Then the executor has to file all taxes for the estate and the decedent, which can take another few months to get clearance from the state and the IRS.
It would be legally impossible to close the estate in 3 months, so someone was mistaken or confused..
So it isn't unusual for it to take 9 months or so for an estate to be settled in TX.. Your half brother can't do anything with the assets to keep them himself, as he is supervised by the probate court. So at this point, you just have to wait until he gets everything filed so he can disburse assets and close the estate..