My Brothers Estate

thclimer · Oct 8, 2022

So sorry to learn of your loss Eddie.

Take your time with making the big decisions that you and your family have ahead of you.

Hoping the best for you all during this difficult time.

dodge man · Oct 8, 2022

That’s a nice write up you put on your Facebook page Eddie. Condolences to you and your family.

ljjhouser · Oct 8, 2022

I am sorry that you lost your brother. Brings difficult times. But he will always be with you and your family. They say "Times heals everything." ... Not really true. But I do believe "time changes things." Smile when you feel like, cry when you feel the need, but never forget.

Three years ago, my brother was lost. I always think of the last part of a poem - "All to Myself" by Wilbur Nesbit.
All to myself I think of you,
Think of the things we used to do,
Think of the things we used to say,
Think of each happy, bygone day;
Sometimes I sigh and sometimes I smile,
But I keep each olden, golden while
All to myself.

Best Wishes, Take Care

buckeyefarmer · Oct 8, 2022

Sorry for your loss. Prayers for you and the family.

dougtrr2 · Oct 9, 2022

Be prepared for bureaucracy, some of the people/organizations you will have to deal with won't talk to you until you have a death certificate in hand.

Doug in SW IA

dieselcrawler · Oct 9, 2022

Condolences...

I hope the following steps that need taken go smoothly for you and your family.

ustmd · Oct 15, 2022

Eddie,

I very sorry for your loss and my condolences to you and your family.

I lost one my brothers in very similar circumstances in 2019, so I can appreciate your situation.

Lots of good advice here.

Perhaps the best is not to rush any decisions. You need time to process the grief.

Similarly, my brother left about $40K in credit card and other debits--all in 5-10K increments. I sent them the death certificates and with a letter letting them know that my brother had died intestate. All of them ended up writing off the debit. It was not worth for them to go to court. I know this sounds like I was scamming them, but as a lawyer friend advised me, the debit was not mine, it was the various credit card companies'. The estate was not liquid (i.e. no cash), so it was their problem and they (not me) needed to decide if it was worth it for them to try to any money back.

ericm979 · Oct 15, 2022

I'm sorry for your loss. I hope everyone is dealing ok and you're not too overwhelmed with the sudden amount of stuff to do.

In most states, estates that are below a threshold (which varies from state to state) does not go through probate. Both of my parent's estates were below the threshold for their states. You may need to file an affidavit with the state or county attesting to the value of the estate. I didn't need a lawyer.

In my case both parents had wills naming me as the executor. If there no will then there's a defined sequence of who is executor. Of course if there is a will, the executor has to follow it. Keep records and any funds in a dedicated account in case anyone want to challenge how you are doing things.

If a small estate owes more than it has, the executor has to decide which creditors get paid. At least in my experience there's no negotiating. I just told the ones I decided not to pay that there was nothing for them. I picked the big medical corps to stiff and paid off the small companies and individuals. No one argued with me about it.

ArlyA · Oct 15, 2022

I'm pretty sure all states have different regulations concerning estates settlement.

Sigarms · Oct 17, 2022

Sorry for you loss. Been there in your situation.

I'd find a decent estate lawyer local, see who you like, and go with them.

End of the day, it sounds by what you've said with your brother, you want to ensure all your bases are covered per the state of Texas.

My father was the executor of his families home after his brother passed and his sister went into a nursing home, and there were unpaid taxes and no written will. Major PITA for my father, and one particular sister of his disowned him because she didn't get the house.

I would just want to ensure that if your parents inherit the land, it's all "legal" so nothing bites you 10 years down the road.