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My brother committed suicide on the 9th. He left no will but…

My brother committed suicide...

My brother committed suicide on the 9th. He left no will but did leave a note that I believe can be used as a Holographic will?. The problem is on his insurance and will all his work paperwork he had my dad as beneficiary (Who was obviously alive when it was done) and it was never changed after his death. I have an affidavit of heirship completed as I am the only family member left. Also, in his note, he mentions how he wants his property divided (which I have done) and states that I will take care of everything else. He lived in an apartment and didn't own a lot. I highly doubt his life insurance will be very much either, but obviously as of now they wont tell me anything about it. What do I need to do in order to be able to receive the insurance so I can take care of his debts?

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

Texas

Lawyer's Assistant: What documents or supporting evidence do you have?

Evidence of what?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have his death certificate, a copy of the note he left and the affidavit of heirship that has been noterized

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Answered in 13 minutes by:
3/27/2018
LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 13,710
Experience: Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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I am terribly sorry for your loss;

unfortunately the affidavit is used for real property transfers; please see:

http://www.statutes.legis.state.tx.us/Docs/ES/htm/ES.203.htm#00

and

https://texaslawhelp.org/article/how-draft-affidavit-heirship#toc-1

So it is not required that a third party accept the affidavit.

If the named beneficiary of a policy is deceased then the insurance proceeds would be payable to the estate, which requires that a probate be opened.

This explains the process:

http://www.tyla.org/tyla/assets/File/38668TexasProbatePassportWebReady.pdf

It is done in the county where decedent last resided.

Then the property will pass via the will, or if none, via the laws of intestate succession (ie next of kin).

LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 13,710
Experience: Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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