Should we use small estate affidavit or file for executor of the estate?

You don't indicate if there is a will. That will determine a big part of the answer to your question. If there is disagreement over what to do...

Need to find out about my fathers will. I live out of town and his stepchildren are not talking to me for some reason.

Ms. Elder is correct. However, you may want to consider hiring a local attorney to pursue the issue on your behalf. I have found that a letter...

I noticed you didn't mention that you had tried the bank the check was written on. If that bank is different from yours you might try going there...

How can I protect my elder mom?

It appears you live in Texas, I am assuming your mother does also. This is a state specific issue so the answer may be different if your Mother...

I am looking to hire a particular attorney I saw in court.

If the bailiff is not familiar with the attorney, take a look at the docket sheet for that day. It will list the attorneys names. You can then...

What are the Tax implications for Heirs of an Estate after Probate considering signing a "Deed in Lieu of Foreclosure" in TX ?

You indicate this is after probate but are describing the responsibilities of the executor or administrator. The executor/administrator should...

The advice from the previous attorneys is right on topic. However, I noticed you didn't mention that you had tried the bank the check was written...

Can medical staff including the doctor share PHI (personal health information) without consent ?

Many health care providers have you complete a consent form as part of their standard office intake. If you completed this form you may have...

“Does the amount in a decedents bank account have to be lumped in with the Estate when there is a POD clause?

If the money was deposited into an account with a valid POD then there should be no reason for it to go through the probate. I suspect from the...

In wrongful death, Texas, the spouse found not guilty, trial by jury TRO for life policies, and retirement

ERISA trumps state laws on payment of retirement benefits that fall within ERISA protections. There are many issues at play in your scenario. It...