Full question:
My mother died while staying with me in Texas. I have 1 brother living in Kentucky. She has a house with a mortgage and several past due creditors. Other than some furniture and collectibles what do I need to do to settle her affairs? She had no Will.
- Category: Wills and Estates
- Subcategory: Intestacy
- Date:
- State: Texas
Answer:
To settle your mother's affairs, the property needs to be sold to pay off the mortgage and creditors. Any remaining funds will be divided between you and your brother, assuming there is no surviving spouse. The same applies to the furniture and collectibles.
You can notify the creditors that they must file a claim against the estate. If claims are not filed properly or on time, they may be denied.
It’s advisable for you or your brother to consult with a local attorney in the area where your mother lived. They can assist with the legal processes required to close the estate. When someone dies without a will (intestate), the probate court appoints a representative to handle claims against the estate, pay debts, and distribute remaining assets according to state law.
The main difference between dying with a will and without one is that an intestate estate is distributed based on state laws rather than the decedent's wishes. The cost of probate typically ranges from three to seven percent of the total estate value, and the attorney will also be compensated from the estate's proceeds.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.