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Probate question

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M

Mamacat104

Guest
My husband died without a will. I could not get him to do a will...now it is too late. The personal property and community property I am told is 100% mine as the spouse (there are NO kids). The Real property that he had before we were married is suppose to be divided one half mine as the spouse and one half to the siblings. (which I don't want his house anyway...so I will eventually be signing off it).
But MY Problem...I have one of his sisters wanting to hire a lawyer and fight me. She thinks that EVERYTHING listed on the Estate papers was his...(some of the things listed are his interest in MY stuff..community property moneys...were NOT his before we married). She thinks that she can pay a lawyer and go into court and take ALL of it away from me..
It sounds like she wants to hire a lawyer and have me make a deposition and FORCE me to tell her what I was left in insurance. I was told that insurance (where I'm the beneficiary) and anything that was POD was NOT subject to any probate and It should NOT be any of her business (or anyone else's business) as to what I have from insurance.
My question...Do I HAVE to give out the insurance information or any other POD stuff to anyone?? (a lawyer or courts) because SHE wants to fight me for more than what she is rightfully entitled to on the Estate??...
WILL a judge tell her she CANNOT get more than what she is entitled to or will he Consider taking away from me, what is rightfully mine for them??
Her little portion of the inheritance would amount to maybe $500 or $1000 after all is over with...but she wants a lot more...which of course would be MY part of the estate (community property stuff).
CAN she get from me what is rightfully mine????
I am so stressed out over all this and don't know what I'm facing when I go into this court mess.
thanks
Barbara (Texas)
[email protected]
 


JETX

Senior Member
If I understand your post correctly, your husband died intestate (without a will) and has the following beneficiaries:
1) Spouse (you), and
2) Decedants siblings (No Decedant dependents)

If correct, distribution is:
Community Property: 100% goes to surviving spouse (you).
Separate Personal Property: 100% to surviving spouse.
Separate Real Property: 50% to surviving spouse, and remainder to parents and siblings.
Source: http://www.professorbeyer.com/Wills_Course/Intestate_Distribution.htm

My suggestion, get all your records together and develop a 'who owned' list. Provide receipts to show ownership (wherever possible). Then, defend yourself against any improper actions that anyone might consider. At this point, follow the law, do it right and don't be concerned by anyone's threats.
 
M

Mamacat104

Guest
insurance question from previous question

Can I be forced to tell the court what I got from an insurance policy or retirement fund if I was the sole beneficiary of the policy? Can his sister force me to tell what I have? Or Can I tell all of them that it is NONE of their business and be within my legal rights?
thanks
Barbara
 

Dandy Don

Senior Member
Isn't it terrible when relatives get greedy?

You are not obligated to give this person any information about estate affairs that you benefited from. She is just making empty threats to try to find out this secret information.

However to keep from aggravating her further, don't respond to her in a snippy way--just tell her that "your attorneys, if they are familiar with the law, should have informed you that that information is private and I am not obligated to provide that".

You have protected status as the spouse, and the sister is only entitled to a very small portion of this estate.

DANDY DON
 
M

Mamacat104

Guest
probate / insurance

Thank you for the information. If asked, I will politely tell all concerned that the insurance money is absolutely no ones business but mine. As long as the court has no right to ask either.
thanks

Thank you all for a great forum. This is very helpful.
Have a great day.
Barbara
 

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