No Will

[lesleynicole]

What is the name of your state (only U.S. law)

I live in Texas and my ex husband passed away with no will. I have custody of our 10 yr. old son. Our son, is the only heir. I know for a fact that my ex's life insurance and his retirement states that our son is the beneficiary. My ex's parents swooped in and had the police department (my ex was a cop) send the retirement checks to their house. My ex's parents are "supposedly putting the money in an account and waiting for our son to turn 18"
I am receiving my ex's social security monthly to replace child support.

That's the situation, my question(s) Although I trust my ex's parents to a degree, I don't know if I should hire a lawyer and get my son a guardian to oversee my son's inheritance. (if he gets a guardian assigned, will I be able to get money from the guardian for things like braces, 1st car.... OR should I just see how things go with the ex's. Is there a statute of limitations on going through the probate process?

 

[nextwife]

Has anyone filed intestate probate? Hoew long ago did he die?

Nobody should be cashing those checks unless they are properly appointed through the probate court as personal rep/executor, and all estate inventory needs to be accounted for. You need to get a n attorney and make certain that your son's claims to the estate are made in accordance with state law, as well as yours as to future child support needs.

 

[lesleynicole]

He died in March 2009.

I don't know if ex's parent's have done anything. I Haven't done anything because I don't know what to do and getting an attorney would be A HUGE financial burden right now. Do I have to do something before a time limit?

 

[lesleynicole]

Also, has the police department's HR dept. done something criminally wrong by not contacting me? (the beneficiary's guardian)

 

[Dandy Don]

You can contact the HR department yourself to investigate where the checks should be going--the parents may have lied to get the checks sent to their control. It is the executor's responsibility to contact the HR department but since there appears to be no need for one, you can do it. Have you called the insurance company to check on the status of the life insurance?

Stop assuming that a probate attorney will be expensive. If needed you can hire one on an hourly basis just for consultation. If your ex has assets that need to be probated, then someone needs to file to open up probate. IF there are no assets besides the retirement money, then probate is not needed.