how do I go about making my husband executor of my mother-in-law estate

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how do I go about making my husband executor of my mother-in-law estate

Mother in-law pasted away and left no will but i have a check that needs to be cashed that reads to the estate of fern wise

Asked on June 8, 2009 under Estate Planning, Texas

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I'm not a Texas attorney, and it's usually a good idea to at least talk to a local attorney about an estate, and more often than not you're better off having the attorney handle the matter for you.  Probate law and procedure is different from one state to the next, and there are quite a few facts that might be important here, besides that check. One place to find a qualified lawyer is our website, http://attorneypages.com

Your husband can become the administrator of his late mother's estate by filing papers in the county where she last made her home, either in the probate court, or the county court if that county doesn't have a probate court.  He will then get letters of administration, making him the personal representative of the estate, so that he can endorse the check.  But he will also have a legal obligation to deal with the entire estate.  If your husband has living brothers or sisters, they will have rights, as well, and if your husband makes a mistake with the estate, it can come out of his pocket.

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If you don't have a will, any property will go to your closest relatives in an order determined by state law. These laws may not distribute property in the way you would have chosen. In order to get the ball rolling you need to either contact a local attorney who handles this type of law or call the probate court and see if a clerk can help walk you through the process of probate. The court will need to review the estate determine how the assets will be allocated and than they will be distributed

I would also advise contacting a local attorney to speed up the process. However you cannot simply have your husband made executor if that wasnt specified by your mother-in-law seeing as at this opint the court will decide who to appoint or will on their own divide the assets. Becasue there can be confusion in this type of situation it is always best to have legal representtion to ensure you are watced out for


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