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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Estate Law
Satisfied Customers: 41221
Experience:  JA Mentor. I run my own practice that specializes in Estate Preparation and Administration
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My ex-husband died suddenly without a will. He has been estranged from 2nd wife yea

Customer Question

My ex-husband died suddenly without a will. He has been estranged from 2nd wife for 7 years. We had two children together and he adopted 3 of my other children. He is in TX. I understand that she has right to 50% of marital assets and that my children have interest in his half. What is the process to get one of the children or a court named executor of his estate? How do we find out if he had PMI on his recently re-financed house? He also still owes $6000 in child support arrears
Submitted: 2 years ago.
Category: Estate Law
Expert:  Dimitry Esquire replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns.
I am sorry for your loss. As far as the process, Texas requires an attorney to file for probate. Therefore you would need to retain counsel and the attorney would file in the county where the ex lived, specifically in their probate office, and ask that one of the children be made 'administrator' of the estate. An 'executor' is only if a will exists, and if there is no will, an administrator is provided instead. Once granted the administrator can act on behalf of the estate, contact the lender, and obtain all documentation as far as past debts, obligations, and assets, and is free to negotiate with lenders, wind down affairs, and pay off debts before the assets are then split up and transferred to the beneficiaries.
Dimitry, Esq.

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