My Brothers Estate

   / My Brothers Estate #21  
We went to the probate office and gave them the will. A judge will confirm or assign an executor for the estate. If that is you, they may have a very handy booklet assembled to explain how to fill out all forms going through the process.
 
   / My Brothers Estate #22  
Check for Texas, in Ohio no volume discount for death certificates. $25 each, not hard to get more later
For us, the volume discount for the death certificates was offered by the funeral home. It might be something to ask about.
 
   / My Brothers Estate #23  
Sorry for your brother's situation and all the confusion it may cause. Hope he improves. If that is possible.

Hard to speak about Texas. Here, it is necessary to post death (if it happens) in the newspaper along with contact information for anyone who feels they have cause for payment against the estate. I think it must be posted for six weeks. Did he leave a will or better yet, a trust? If not then probate will probably be used.

An hour with an attorney in the area would probably be time and money well spent. Best Wishes on a difficult time.
 
   / My Brothers Estate #24  
Is there a will? Most wills start with "all my debts should be paid." or similar language. A will will often name an executor.

If there is no will then state law usually defines how the assets are divided.
 
   / My Brothers Estate #25  
Is there a will? Most wills start with "all my debts should be paid." or similar language. A will will often name an executor.

If there is no will then state law usually defines how the assets are divided.

A will means nothing as long as his heart is still beating. Talk to a lawyer who specializes in senior issues.
 
   / My Brothers Estate #26  
Also suggest that you see a Texas estate lawyer for advice. Hopefully you will find some statements in your brother's papers indicating what he might owe on a mortgage if he has one. Besides credit cards, your brother may have some medical bills, too. It will be important to assess the value of his assets vs his liabilities when you meet with a lawyer to help you decide how to proceed.

General information: Texas Estate Planning But you need specific legal advice from a competent estate lawyer.

Sorry that you're having to go through this.
 
   / My Brothers Estate #27  
Eddie, I have no advice on the situation you find yourself in... I do, however, extend my empathy... best of luck in dealing with the emotional aspect, as well as the rest of it.

May Peace be with you all...
 
   / My Brothers Estate
  • Thread Starter
#28  
He doesn't have a will or anything to say what he wanted to happen after he passes away.
 
   / My Brothers Estate #29  
Things will vary by state, for sure. My experience with my mother in law was strange, IMO. My wife called the credit card companies and said she passed away. They said "I'm sorry to hear that. Please send a copy of the death cert to xxx" and that was it. None of them really asked to be paid, and there was nothing in the estate to pay them from in any case. I would start with just saying he has passed and let them ask if they want to be paid. Her car went back to the bank repo, so did the house as she owed way more than we could have got for it. It was a mess.

One thing that is important to know is that any of his debts are just that- HIS. Not yours. While some debtors may try to get you to pay them for him, you would be very unwise to do so as you do not have any responsibility to do so. Now there could be exceptions like a car with only a small amount owed on it would make more sense to pay off rather than have it repossessed for a pittance of debt, if it is worth anything decent.

The attorneys were another deal. They told us they get paid from the estate, but yet when they set it up, they listed it as working for my wife (executor). As noted, there was bupkis for money in the estate but they wanted us to pay them for what I felt was excessive fees for doing very little. We negotiated a settlement for roughly half what they said we owed which still felt like too much but was better than a protracted fight. So make sure to ask who they work for and who is on the hook to pay them.

Sorry about your brother. Way too young for that....
 
   / My Brothers Estate #30  
Sorry to hear about your brother. I just lost my mother and we are going through the estate and probate process now.

1. We used Brad Rummel with McAtee Realty in Athens for our land purchase. He is easy to work with and handles large tracts.

2. We use Cliff Williams in Athens for our estate documents. We really like him, easy to talk to and reasonable on the fees. He was an oil & gas landman before becoming a lawyer so he is knows mineral rights issues.


3. When the time comes the funeral home will obtain the first set of death certificates for you. After that you order them online, $20 for the first and $3 for each additional. Everyone wants an original to transfer the account, power, water, phones, bank accounts, insurance, etc. I would want at least 30 at first.

Texas Vital Records | Texas.gov

4. The Canon gun safe may have a backup key. Push up on the keypad and if it pops off there should be a keyhole. It is a large old fashion looking key, about 6" long.

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