Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

My grandmother passed away January 14th. She had two life…

My grandmother passed away January...
My grandmother passed away January 14th. She had two life insurance policies, but the listed beneficiary was her husband who died 10 years ago. She had a will that listed my mother as the executor and sole beneficiary of all money and estate. She had no estate, all she had was the life insurance policies. We sent the death certificate for her late husband and the will, but the insurance company said that isn't enough. They have told my mother several different things she needs to fill out, and when we go to do it, we find out we can't do that because there was a will. Can you please let me know what we need to do to get this taken care of. The funeral homes have not been paid because we have been dealing with this.
Show More
Show Less
Ask Your Own Family Law Question
Answered in 3 minutes by:
4/20/2018
Jessica B
Category: Family Law
Satisfied Customers: 1,837
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified

Hello. My name is ***** ***** I am a licensed attorney. I hope I may be of assistance with your question. Please remember to rate my service at the end of this session. Thank you!

Since your grandfather predeceased your grandmother, an estate will have to be opened to have the two life insurance policies paid to the estate. Once the policies are paid to the estate, then the Will dictates you receives the money from the estate. Based on the information you provided, that would be your mother.

The first step is to open an estate in your grandmother's name.

Ask Your Own Family Law Question
Customer reply replied 3 months ago
How do you open an estate in her name?

Initiating the probate process is actually fairly easy. An application for probate will need to be filed in a Texas Probate Court. Once the Application has been filed, Texas probate law requires that you must wait approximately 2 weeks before you can have a hearing on the Probate Application for the Court to determine the necessity to open the Administration of the Estate and/or to recognize the Decedent's Will as valid.

During the 2 week waiting period, the County Clerk posts a notice at the courthouse that an application has been filed for probate. This posting serves as notice to anyone who might want to contest the Will or administration that they have a certain number of days to do that. If they fail to file their contest within that period of time, the Court can move forward in opening the administration and/or recognizing the validity of the Will.

Once the waiting period has passed, a hearing will be conducted before the probate Judge. At that time, he will recognize that the Decedent has died, that the Court has jurisdiction of the case, that the person applying to be the Executor is qualified to serve, and that either the Decedent died without a Will or that the Will he left was valid.

Ask Your Own Family Law Question
Customer reply replied 3 months ago
Where do I get the application for probate? Is that the correct term or is it called something else?

This has all of the probate forms you may need to complete the administration process.

http://texasprobate.net/forms/

Here is the Application:

https://forms.justia.com/texas/statewide/probate/application-for-probate-of-will-issuance-of-2064.html

Jessica B
Category: Family Law
Satisfied Customers: 1,837
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified
Jessica B and 87 other Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 3 months ago
Thank you!!!

No problem! Thank you!

Ask Your Own Family Law Question
Customer reply replied 3 months ago
Does a lawyer have to file the application?

Yes an attorney is required.

Ask Your Own Family Law Question
Customer reply replied 3 months ago
Is there any way to do it without an attorney?

Texas courts cite limited circumstances when an executor can probate a Will without being represented by an attorney. For example, if the executor is also the sole beneficiary of the estate and there are no debts against the estate other than those secured by liens against real estate.

Ask Your Own Family Law Question

It also depends on which county the estate will be located.

Ask Your Own Family Law Question
Customer reply replied 3 months ago
She is sole beneficiary and executer of the will. It is Tarrant County

Ok here is the rule for Tarrant County, Texas: The Court allows a pro se applicant to probate a will as a muniment of title (no personal representative is appointed and no letters are issued) if all of the following circumstances are met: a. Four years have not elapsed since the decedent's death; b. The original Will is filed with the court; c. The Will was signed by the decedent and at least two witnesses; d. The Will has a valid self-proving affidavit that complies with TPC 59; e. The applicant is the sole beneficiary under the Will; and f. There are no unpaid debts owed by the decedent other than debts secured by liens on real estate.

Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Jessica B Your Own Question
Jessica B
Jessica B
Jessica B
Category: Family Law
Satisfied Customers: 1,837
1,837 Satisfied Customers
Experience: Attorney at Donald B. Linsky & Associates, PA

Jessica B is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,624 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,607 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

3,019 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
My husband died we never divorced although he gave my son
My husband died we never divorced although he gave my son power of attorney and medical power of attorney. He was on my health insurance and I am the beneficiary of the life insurance which I paid thr… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Probate and simple will. Georgia. Mother passed, father not
probate and simple will JA: What state are you in? It matters because laws vary by location. Customer: georgia JA: Has anything been filed or reported? Customer: no JA: Anything else you want the lawy… read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,607 satisfied customers
My cousin, "spouse ", was married to his gay partner,
My cousin, "spouse B", was married to his gay partner, "spouse A", in February 2015. Spouse A was the POA for Spouse B. Spouse B died unexpectedly on August 7, 2016 at the Medical Center of Aurora, Co… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My 24 year old daughter passed away in Janaury 2016., she
My 24 year old daughter passed away in Janaury 2016., she had a life insurance policy through work with no beneficary listed. I received a letter from the provider KPERS stating I am to get 9000.00 du… read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,607 satisfied customers
Attorney. My grandmother who had a dual citizenship Jamaica
Good Afternoon Attorney. My grandmother who had a dual citizenship for both Jamaica and Canada past away in 2014. She died in Jamaica. She has a couple investments in Canada, along with a safety depos… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
My aunt died on November 26, 2015. I called the funeral home
My aunt died on November 26, 2015. I called the funeral home for the death certificates and they said they mailed them to me on December 6, 2015. Two weeks after the 6th I called and said I had not re… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If my mother recently passed away and I am 50% benefeciary
If my mother recently passed away and I am 50% benefeciary on the insurance policy through the insurance company but for some reason when my grandmother had my mother do her will when she was pretty m… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
7,856 satisfied customers
I have a follow-up to an earlier question. My father died last
I have a follow-up to an earlier question. My father died last week and I am trying to handle his life insurance policy. He bought it in the 1960's. At the time my mother was the beneficiary and my gr… read more
Seattle Scott
Seattle Scott
Private practice attorney
995 satisfied customers
A friend of mine is a woman in her mid-thirties. She was born
A friend of mine is a woman in her mid-thirties. She was born in Poland and has dual Polish and American citizenship. She and her ex-husband, who also had dual Polish and American citizenship, had two… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My wife is the successor trustee of her deceased mothers revocable
My wife is the successor trustee of her deceased mother's revocable living trust. I am a retired financial planner. Her mother passed away July 31, 2013, in Redding, CA. We live in Washington state. M… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
7,856 satisfied customers
Hi, recently my mother passed away. Shed intended to leave
Hi, recently my mother passed away. She'd intended to leave her life insurance and retirement to her kids. As it happens, we believed she was still married to my father, so the monies would revert to … read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
What consitutes harrassment when former spouse sends threatening
What consitutes harrassment when former spouse sends threatening letters from lawyer to attain husbands life insurance to put in her estate while he remains alive and well?… read more
Lady Themis
Lady Themis
Attorney
Doctoral Degree
65 satisfied customers
my son died nor wif no dhildren but lived with a women for
my son died nor wif no dhildren but lived with a women for seven He was in a car accident no other people involved his insurance pays 2000 death benefits How can I insdure that his SO will pay the thw… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
As a beneficiary of my brothers Gerber Life Insurance policy
As a beneficiary of my brother's Gerber Life Insurance policy $7,000), and an expired power of attorney status because of my brother's death on Oct. 22, 2010, how do I collect on the claim when Gerber… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
7,856 satisfied customers
My Uncle died a couple of weeks ago and a blood niece appeared
My Uncle died a couple of weeks ago and a blood niece appeared presenting a new will the day of his death. She was not ever a part of his life in the 29 years that he was living with my Grandmother af… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,492 satisfied customers
My god-son (Albert Jr.), biological father (Albert Sr.) purchased
My god-son (Albert Jr.), biological father (Albert Sr.) purchased a building in the late 1990's here in Chicago. At the time of purchase, he was legally married to my god-son mother (Alodia). Albert S… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
My father is being sued by a collection company that ...
My father is being sued by a collection company that bought my deceased mothers Discover account, she died 9 years ago she had paid credit life on her account every month prior to her death. When she … read more
Family Expert
Family Expert
Doctoral Degree
702 satisfied customers
Hi - My Mother died in 2/04. She was married to my Dad and ...
Hi - My Mother died in 2/04. She was married to my Dad and he is still iving. My Mom had no will or other estate documents and everything was held jointly between my parents so legal authority has not… read more
Dan
Dan
Semi-Retired; Part-Time Consultant
Doctoral Degree
872 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x