Father died with no will, spouse and 4 children

[pdanley]

What is the name of your state? Texas

My father passed away owning his home and a small annuity. He has a two year old truck, retail credit card, cell phone and satelite tv debts all totalling approximately $23000. My mother is listed on the deed but has not lived with my father for several years, they never divorced. There are four surviving daughters listed as beneficiaries on the annuity.
Question: Does the home and contents default to my mother?
Question: Can we sell the truck and retail debt, lawn tractor, to pay off the balances?
Question: Can we avoid full blown probate process?

Thanks,
PDWhat is the name of your state?

 

[BelizeBreeze]

What is the name of your state? Texas

My father passed away owning his home and a small annuity. He has a two year old truck, retail credit card, cell phone and satelite tv debts all totalling approximately $23000. My mother is listed on the deed but has not lived with my father for several years, they never divorced. There are four surviving daughters listed as beneficiaries on the annuity.
Question: Does the home and contents default to my mother?
Question: Can we sell the truck and retail debt, lawn tractor, to pay off the balances?
Question: Can we avoid full blown probate process?

Thanks,
PDWhat is the name of your state?

I'll answer the last question first.

If there was a will, then probate is necessary.
If there was no will, then probate is necessary.

You can't sell or settle anything with dad's assets until probate is filed and an executor is named.

If no will, then mom AND all heirs take under intestancy statutes.

If you want to consult a probate attorney and you will be filing as executor, you can charge back the cost of the consultation to the estate.