estate mess

What is the name of your state? Texas

My father recently passed and as of yet we haven't found a will. He owned a small business which he worked on with my stepmom, but I have no idea if the company is in both of their names or what kind of company it is. In addition, he is a Veteran, but I have so far found no VA benefits of any kind. My stepmom is inconsolable and unable to give me any information right now, and I'm worried that time is running out to make sure that she is financially okay (he passed on 1/2/08). He also had quite a bit of personal debt. If there is no will, and if the company was solely in his name, does it now belong to my stepmom? Is there a place I can turn to find out about VA benefits? Who is responsible for his personal debt? I'm very young and scared that I'm going to miss something vital, and I need to make sure she is financially taken care of and has the legal means to keep the company, which certain relatives are already beginning to lay claim to. Any advice would be so greatly appreciated.

You have time to breath, please do so. Everything you are dealing with can be handled VERY easily by calling a probate attorney. It is defintely your best option.

Thank you very much.

I will address the possible VA and social security benefits.

With an honorable dd214 or retirement order for paperwork, any honorably discharged / retired veteran is entitled to the following at no cost:

*a flag ( the funeral home will provide)
*the active duty branch providing honors at the service or grave (1 time only)
*if buried in a private cemetery, a marker and transportation to 1 destination (family must bear any setting expenses)
*burial in a national or state VA cemetery, whether cremated or in a casket. The plot, outer burial container, labor to dig the grave and marker are all provided. Additionally, in this instance of burial in a national or state VA cemetery, the same items are afforded the surviving spouse, even if that person didn't serve.

The only way to possibly receive financial reimbursement for the burial/cremation expenses would be if he has a VA disability rating, has been seen at a VA clinic, or VA hospital. He should have a red, white and blue plastic card, (credit card size) to be carried in his wallet. These funds are paid to the person certified by the funeral home as having paid the expenses. The funeral home should help with this paperwork since they have to sign off. A completed claim consists of: the signed funeral home statement showing expenses and who paid, a certified copy of the death certificate, a copy of the dd214 or retirement order, and the completed claim form.

Social Security, general requirments. If the surviving spouse is 60 or older, or, 50 or older and disabled, possibly her monthly payments will increase and possibly, she will be entitled to a 1 time death benefit of $255.

Also, his 1st wife may be entitled to the above if she meets the requirements and was married to him for at least 10 years.

klbm said:

What is the name of your state? Texas

My father recently passed and as of yet we haven't found a will. He owned a small business which he worked on with my stepmom, but I have no idea if the company is in both of their names or what kind of company it is. In addition, he is a Veteran, but I have so far found no VA benefits of any kind. My stepmom is inconsolable and unable to give me any information right now, and I'm worried that time is running out to make sure that she is financially okay (he passed on 1/2/08). He also had quite a bit of personal debt. If there is no will, and if the company was solely in his name, does it now belong to my stepmom? Is there a place I can turn to find out about VA benefits? Who is responsible for his personal debt? I'm very young and scared that I'm going to miss something vital, and I need to make sure she is financially taken care of and has the legal means to keep the company, which certain relatives are already beginning to lay claim to. Any advice would be so greatly appreciated.

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Texas is a community property state.

Mom or you can open an intestate probate case (without will) and petition to be the Personal Representative. If the will is found, then it can be submitted. Google your state statutes for Probate info.

Both Social Security & the Veteran's Administration have websites that will provide you with info. Aanubis already posted some info for you.