Ronald G. Greening's Answers

How do I find my father's old will?

If there was a will, it must be probated in the county of his residence within 4 years of his death (if he was a Texas resident). Otherwise he most likely would be deemed to have died without a will and the intestate distributions in the Texas Probate Code would determine the heirs. Check with the probate section of the county clerk's office in the county of his residence to determine whether a probate proceeding has been opened. If so, the will is usually attached to the initial...

Does Power of attorney end at death?

In most states, the state law provides that a power of attorney terminates immediately and completely upon the death of the principal. The money in her account does not become the bank's. It is owned by her estate, unless it were to pass by beneficiary designation.

1 person marked this answer as helpful

How is an estate divided if there is no will?

My condolences to you and your siblings on your mom's passing. Those assets belonging to your mom may automatically pass to beneficiaries under designations in account documents, such as joint tenant with right of survivorship, payable on death, transfer on death or ordinary beneficiary designation such as a life insurance policy or IRA. Those assets that do not automatically pass to anyone will be governed by the law of the state in which she resided. The assets may need to go through...

My father is listed as the insured, my mother the primary beneficiary and the owner

Your mother was the primary beneficiary. Since she passed away, the secondary (or alternate) beneficiary steps up to be the primary beneficiary with no action required by anyone. If there was no named alternate beneficiary, you must look at the tiny type of the policy provisions to determine who the default alternate beneficiary is. Since your mother is no longer the owner, the new owner can probably change the primary and alternate beneficiaries by taking appropriate action.