beaglefan61
Junior Member
What is the name of your state (only U.S. law)? Texas
Upon my brother's death, it was found he had a couple of paychecks that his employer readily reissued to his estate. He did die without any will. Upon checking around, it was found that a small estate affidavit could be filed in Texas. There is a problem with debts/liabilities.
The Harris County (Texas) Probate clerks office personnel (two different people) stated exemption for debts if the estate is under $50,000. What I have seen in the statutes is that there is the ability to file small estate affidavit if under $50,000, but nothing directly stating exemptions. The affidavit has been filed and final approval has been refused due to lack of listings for liabilities and debts. It was stated over the telephone that if not known it could be listed as "unknown". This was done. The filing fee is a non-refundable $157, which to our household is a vast amount. We are not sure if we were outright misinformed by the county clerks office and if indeed debts are held against even small estates in Texas. The most recent notice from the court insisted on our providing information which was listed in specific terms already on the notarized form. They are stating they wish for listing of debts, if known. It is feeling like a big jerk around at this point. If we were misinformed about small estate being exempt to debts up to $50,000 then we have lost a dearly needed $157. We can not afford to have the debts my brother had held against us. Letting the issue drop has us feeling stiffed because there was no misunderstanding on our part as to what we were told on the telephone. Does anyone know Texas small estate law or have any idea how we can find out without hiring an attorney (not an affordable option if even $157 is huge amount to us)?
We basically need to know if in Texas assets and liabilities are balanced with liabilities larger than assets charged to recipients of estate as claimed on small affidavit form. My brother was in process of bankruptcy, but died before getting to court and his paychecks are needed to pay for expenses and we have no idea if we can even use those now. We are getting a big runaround from the court in Harris county when it comes to them insisting on us filing information we already provided. What can we do at this point?
The money from the paychecks was needed, but given that can not be gained if actually going to creditors then why are we basically bamboozled out of $157? If innocent accident from office workers not knowing the law, then why should the price be ours (non-refundable)? If accurate, why are the courts being so insistent on information of debts when the estate total is under $7,000 (the paychecks are roughly $4,000)? Any information pertinent to either exemptions to debts or reclaiming the filing fee because we were misinformed and never would have filed having known that we could get nothing from is needed.
My brother spent almost his entire life in service of one form or another (school crossing guard, MDA camp volunteer, CAP, US Marine, Shriner who went to children's hospitals, teacher, etc) and we are not feeling like we can get any resolution in this matter which would be merited by his perpetual service to so many causes. At least two offices in the same county giving accurate information consistent with each other and with the law and acknowledging information already provided on notarized domentation without (such as father dead but court letter insisting on whereabouts of natural father) would be appreciated. Anyone who knows Texas law in this matter or anyone with other helpful input responding would be very much appreciated.
Thank you very much for any information
Upon my brother's death, it was found he had a couple of paychecks that his employer readily reissued to his estate. He did die without any will. Upon checking around, it was found that a small estate affidavit could be filed in Texas. There is a problem with debts/liabilities.
The Harris County (Texas) Probate clerks office personnel (two different people) stated exemption for debts if the estate is under $50,000. What I have seen in the statutes is that there is the ability to file small estate affidavit if under $50,000, but nothing directly stating exemptions. The affidavit has been filed and final approval has been refused due to lack of listings for liabilities and debts. It was stated over the telephone that if not known it could be listed as "unknown". This was done. The filing fee is a non-refundable $157, which to our household is a vast amount. We are not sure if we were outright misinformed by the county clerks office and if indeed debts are held against even small estates in Texas. The most recent notice from the court insisted on our providing information which was listed in specific terms already on the notarized form. They are stating they wish for listing of debts, if known. It is feeling like a big jerk around at this point. If we were misinformed about small estate being exempt to debts up to $50,000 then we have lost a dearly needed $157. We can not afford to have the debts my brother had held against us. Letting the issue drop has us feeling stiffed because there was no misunderstanding on our part as to what we were told on the telephone. Does anyone know Texas small estate law or have any idea how we can find out without hiring an attorney (not an affordable option if even $157 is huge amount to us)?
We basically need to know if in Texas assets and liabilities are balanced with liabilities larger than assets charged to recipients of estate as claimed on small affidavit form. My brother was in process of bankruptcy, but died before getting to court and his paychecks are needed to pay for expenses and we have no idea if we can even use those now. We are getting a big runaround from the court in Harris county when it comes to them insisting on us filing information we already provided. What can we do at this point?
The money from the paychecks was needed, but given that can not be gained if actually going to creditors then why are we basically bamboozled out of $157? If innocent accident from office workers not knowing the law, then why should the price be ours (non-refundable)? If accurate, why are the courts being so insistent on information of debts when the estate total is under $7,000 (the paychecks are roughly $4,000)? Any information pertinent to either exemptions to debts or reclaiming the filing fee because we were misinformed and never would have filed having known that we could get nothing from is needed.
My brother spent almost his entire life in service of one form or another (school crossing guard, MDA camp volunteer, CAP, US Marine, Shriner who went to children's hospitals, teacher, etc) and we are not feeling like we can get any resolution in this matter which would be merited by his perpetual service to so many causes. At least two offices in the same county giving accurate information consistent with each other and with the law and acknowledging information already provided on notarized domentation without (such as father dead but court letter insisting on whereabouts of natural father) would be appreciated. Anyone who knows Texas law in this matter or anyone with other helpful input responding would be very much appreciated.
Thank you very much for any information
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