QUESTION

If my father passed away in one state and I live in another and he had no property of assets, what do I do as his legal executor?

Asked on Jun 28th, 2014 on Estate Planning - Texas
More details to this question:
My parent passed away in CA, I live in Dallas. He was son social security, VA pension, SSI, no property, no assets, but was a hoarder, during cleanup of home found money. I tried contacting stepsibling, they said they didn't remember him, didn't want anything from him, so I didn't say anything about money. Now of rumor they want to file a police report, something about probate court, he did not have a will that I know of, nothing was found. I have paid all of his affairs, his bills are in order. Can I get in trouble for not reporting this money? What do I have to do to make this right?
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7 ANSWERS

Probate Attorney serving Roseville, CA
Partner at James Law Group
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If you are his only child, you are entitled to the money if he left no will or trust. The Step child is not entitled to anything.
Answered on Jul 01st, 2014 at 12:38 PM

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Trusts Attorney serving Sacramento, CA at Law Office of Victor Waid
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Seek the assistance of a probate attorney to advise you as to the proper course of action.
Answered on Jun 30th, 2014 at 7:49 PM

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If you used money to settle his affairs then no one can complain. Further, if this stepson had no relationship with your parent when he was a child then he does not inherit under the laws of intestate succession and his lack of current contact would make it hard for him to represent himself to the court as an interested party.
Answered on Jun 30th, 2014 at 7:49 PM

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Edwin K. Niles
Every state, California included has a procedure for handling small estates. If the money you found equals the bills, don't worry about it. If on the other hand there was a net asset, you might want to discuss this with a wills trusts and estate lawyer.
Answered on Jun 30th, 2014 at 2:35 PM

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You can only e the executor if you are so named in the Will, but you said there was no Will. All assets, including the money you found [you do not say whether it was a significant amount], would be handled by California probate law since that is where they died [you do not say anything about your mother's assets or whether she had a Will]. Did he own the house he lived in? If he adopted the "stepchildren" then they are considered his children for probate purposes. All assets would be equally divided by the legal children. ?If he died before your mother, then she would have inherited half the estate plus another portion with his children. Then her children would equally inherit her estate. Probate is technically required for the transfer of any assets [a more speedy form of probate is allowed if the estate is small], but many times heirs do not go through it because no one disagrees as to how the assets should be divided. Based upon the limited facts you have told us, you probably should not have taken the money. The only evidence the police would have as to a crime having occurred is your own testimony. Check with the police if any investigation has been opened [probably not]. Do not admit to anything. If there is an investigation, speak to a criminal attorney. Even if there is an investigation, you are in a different state so how would California be able to prosecute you?
Answered on Jun 30th, 2014 at 1:39 PM

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Since your father passed away in California, this question should be addressed to California counsel.
Answered on Jun 30th, 2014 at 1:30 PM

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He passed away in California, California law will control. In Texas you would have a problem. Why did you think you were his legal executor if there was no will or probate proceeding appointing you? While people do start collecting the assets of the deceased right away (frequently to pay final expenses), until appointed, you do not have the right to do so. Taking the assets may be theft. You may need to get all of your receipts together to demonstrate where the money went. You will have a problem since you found cash in the hoard. You will not be able to prove the amount you found. Your step siblings may always hold out that it was more than it really was.
Answered on Jun 30th, 2014 at 1:29 PM

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