QUESTION
What papers do I have file to become executor of my mom's estate
Asked on Feb 10th, 2016 on Estate Litigation - Texas
More details to this question:
I was my mom's POA/legal representative before she passed, but O now want to take legal action against the nursing home facility she was in, but I was told I need to file papers in court to become her executor of her estate; but there is no estate. My mom owns nothing; no land, no property, no bank accounts, nothing; only thing she left were her children. She was on low income/SSI before she passed and had been in a nursing home for x9 yrs, so there was nothing left to leave. I just wan to bring legal action against the facility, but was told I need to be appointed her executor. The facility won't even give me copies of the medical records until i become some legal something over her.
1 ANSWER
Kevin Spencer
If your mother died testate (with a Will), then you will need to file it for probate, get it admitted to probate and you appointed as her Independent Executor, presumably, without bond.
If your mother died intestate (without a Will), then you will need to file an Applicatioon for Administration, get appointed as her Administrator, post a bond and proceed from ther in a court supervised administration. You may have the option to open an Independent Administration to avoid the bond and court supervision.
In either case, you have to hire an attorney because attempting to represent an estate in a court of law is the unauthorized practice of law, since the estate is not you.
Kevin Spencer
(214) 965-9999
www.spencerlawpc.com
Answered on Feb 11th, 2016 at 6:37 AM