Father dies without a will

[inkprincess]

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

My father has recently died in Texas. My mother is 76 and has mild dementia and I am the only child, adopted and female, of my parents. My father did not share any of the financial information with me and when I found his will, I found it was not completed. I need to know if his estate automatically goes to my mother. If not, what needs to be done to place things into my name so that I will be able to care for her. Both parents were retired and on medicare/medicade and were receiving social assistance through the county.What is the name of your state (only U.S. law)?

 

[anteater]

You have some work to do.

Before anything else, like tomorrow, find an attorney with elder law/probate experience to inquire about having your mother grant you a durable power of attorney. If mother has mild dementia, she may still have the legal capacity. You will need it to manage her affairs. Otherwise, you may have to apply for guardianship, a much more formal legal process.

Ask that attorney about probate. Basically, you are going to have to determine what is community property and what is your father's separate property. Under intestacy, your mother would be entitled to receive all the community property and 1/3rd of separate personal property with the other 2/3rd to you. If there is any land among the separate property, mother would receive a life estate in 1/3rd of it with the other 2/3rd going to you.