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Ask Barrister Your Own Question
Barrister, Attorney
Category: Legal
Satisfied Customers: 37094
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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My mom passed away on her life ins policy see didn't put

Customer Question

My mom passed away on her life ins policy see didn't put beneficiaries down I have a half brother and she did have a will drawn up back in 1998, it's stated that her children me etc would be trustees. Probate attorney said since I had a felony on my record a judge would not appoint me administration so my half brother has taken that role papers were filed in august & attorneys said he's waiting on ad litem before court date, she had no property just $100,000 life ins check it's been almost 6 'months . Seems like this is taking way too long
JA: What state is this in? And can you tell me a little more about the charge?
Customer: Texas
JA: Has anything been filed or reported?
Customer: Papers for brother to be administrator & waiver of citation
JA: Anything else you want the lawyer to know before I connect you?
Customer: No that's it really I'm just wondering why it's taken so long I was told 3 months it would be done
Submitted: 8 months ago.
Category: Legal
Expert:  Barrister replied 8 months ago.

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.


Expert:  Barrister replied 8 months ago.

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..





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