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My wife passed and on her policy she didn't have a

My wife passed and...

My wife passed and on her policy she didn't have a beneficiary and didn't live a will. How do I go about being over the estate

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

Texas

Lawyer's Assistant: Has anything been filed or reported?

No

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

No I am just trying to find out what I need to do

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Answered in 1 minute by:
1/20/2018
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,014
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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'm very sorry for your loss.

If a person does not have a will or a trust, then their property will need to be probated and it will pass via the laws of intestate succession.

For policies that do not name a beneficiary, that policy will need to go through probate, rather than directly to the beneficiary, and will also be subject to the laws of intestate succession.

Basically the laws of intestate succession are codified at code 201.002 et seq and for community property the surviving spouse inherits 100%; for separate property the surviving spouse gets a life estate in 1/3 of the property.

This explains how to conduct a probate:

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

Most people will hire an attorney to assist because it is a complicated process that takes several months and is difficul to deal with while having to deal with the death of a loved one.

legalgems
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