QUESTION
Do I need to go to probate court if my parent passed away recently, left no will, there is no property and no assets?
Asked on Jul 02nd, 2014 on Estate Planning - Texas
More details to this question:
He had a checking account, getting social security and SSI. I contacted my sibling for help and I was told not to bother them. He did not want anything from that man and that he trusted my judgment. His estate is less than $5,000 found on property. The other sibling is now harassing me and threatening to file a police report. I haven't really met this sibling because when I told him to come see his dying father, he refused. He said he did not want anything to do with the situation or the father. I went to bank and I was the sole beneficiary of checking account. I paid all of his bills, rent, and cremation expenses.
1 ANSWER
Probate Attorney serving Friendswood, TX
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Law Office of Melissa A. Botting
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As you describe the situation,the estate did have assets. It had the $5,000 you and your sibling are disputing. You are not entitled to the assets of the estate without some action, perhaps as little as filing a small estate affidavit. As much as you do not want to consider it, your sibling is in the right until you take action to give you a legal right to some portion of the $5,000.
Answered on Jul 04th, 2014 at 10:07 AM