Oglesby, TX Estate Planning Law Firms & Lawyers

Probate is done in the state where the decedent is domiciled. Since he was temporarily staying in another state, that is not considered to be his domicile. Only assets in your father's name only will go through probate. For most married couples, they own everything in joint names, so upon the first to die, there is no probate estate. Therefore, the first question to ask is what assets did your have in his name only that had no beneficiary designation upon his death. This includes payable on death bank accounts and certificates of deposit, transfer on death for personal property that is titled such as boats and automobiles, and beneficiary deeds for real estate. If there are no assets, there is no probate. The next question is what is the value of the assets that go through probate. Most states have procedures for small estates. In Missouri, the small estate procedure is for net assets totaling less than $40,000. If the net assets total more than $40,000, then you need to do a full probate estate. In Missouri, you need to hire an attorney for probate. For estates greater than $40,000, the person probating the estate is called the personal representative. This person can also be called the executor or executrix. This person is named in the will. If there is no will, then this person applies for letters of administration and requests to be appointed personal representative. The court does not automatically do this. The attorney will prepare the necessary papers for you to sign and get appointed.

Generally no, the family is not responsible, but assets remaining in father's estate might be, depending on value. The question discusses death benefit as if that is the only asset. If that is the case, the death benefit is not an asset of his estate and may not be assessable for payment of the father's debts. Also, if mother/wife or children signed any documents agreeing to be responsible for father's debts, then it would be those agreements, not the law, that would make them responsible.

First, I need to clarify some terminology. An executor is the person designated to handle the financial affairs of a person who died with a will. A personal representative does the same thing for a person who died without a will. Because you used the word executor, I'm going to assume that your mother died with a will. If one sibling has been named the executor of your mother's will, and the other siblings do not believe that sibling is qualified for an ethical or legal reason, the siblings may file what is known as a will contest to disqualify that named executor and have someone else named as the executor. There are specific reasons to disqualify someone from being an executor, and it's a good idea to seek counsel from a local attorney for more information about how to proceed.