QUESTION

My dad died a few days ago and he has custody of my daughter and no will.

Asked on Jul 23rd, 2013 on Wills and Probate - Texas
More details to this question:
I am his only living relative. He has life insurance and a 401 and a loan at the bank for his truck but I am at a loss on what to do or how to handle any of this. I dont want to loose any of his assets
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1 ANSWER

Wills and Estate Planning Attorney serving Sugar Land, TX at Law Offices of Kimberly D. Moss, PLLC
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If your father owned less than $50,000 in assets excluding his homestead, you may be able to file a small estate administration in the county where he last lived. This would allow you to claim that you are his only living relative. The paperwork is fairly straightforward. You would list all of his assets, all of his debts, all of his remaining relatives, and you would sign an affidavit of your relationship to him. Once the courts have processed your paperwork, you will get an Affidavit of Heirship that will be sufficient for you to claim his property and settle any of his debts. As far as the custody of your daughter issue, I would need more information here. Is your daughter's other parent in the picture? How did your father get custody of your daughter to begin with? You may need to return to family court to sort that issue out.   For more information, please contact Kimberly Moss at 713-574-8626 or visit my website at http://mosslawhouston.com/houston-wills-estate-planning/
Answered on Aug 02nd, 2013 at 1:18 PM

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