Unclaimed property

[DTM1966_2]

My mother died in 2015. My eldest brother lived closest to her and took care of the estate after her death. He died last year. I don’t know if he ever found her will or if he did whether he filed it. When my mother died at 89 she really had nothing of value left. I and my 2 brothers we basically helping to supplement her social security to keep her in the nursing home. I don’t remember any paperwork after here death being sent to me and neither does my other brother.
I did one of those unclaimed property things and her name came up at our childhood address (she lived there from her marriage to my father until about 2008. (my father died in 1982). There are two unclaimed properties listed and they come to a little over $1000. Not huge but not insignificant either.
On the claim form, it asks if there was a will or probate. But I honestly have no idea. How would I check? If there was where would it have been filed. My mother and my eldest brother both lived in Texas but not in the same county.
If a will wasn’t filed then it says to have a third-party file an affidavit of heirship which asks about children, grandchildren, sibling, nieces, and nephews. I have no idea. She was not close to her siblings, one of whom lived in Canada. I never remember meeting him or his children. If I must go through all that its probably more trouble than its worth.
Is there an easy on-line way to figure out if a will was filed. Is this worth even trying to claim

 

[PayrollHRGuy]

The will would have been probated in the county where SHE lived.

 

[adjusterjack]

My mother and my eldest brother both lived in Texas but not in the same county.

The will would have been probated in the county where SHE lived.

True.

Easy enough to check both counties just in case.

Texas probate courts have online case search features where you can put in the name of the person. If there was a case file it would either have a copy of a will or it would have been opened under intestacy.

The following search results list many Texas probate court websites.

https://duckduckgo.com/?t=ffab&q=texas+probate+court+search&ia=web

If the counties are not listed just search the county name followed by probate court.

Once you've answered the will question, the affidavit seems pretty straightforward.

https://comptroller.texas.gov/forms/53-111-b.pdf

Maybe one of her doctors would be willing to sign it.

Up to you to decide whether it's worth the effort.

 

[zddoodah]

My eldest brother lived closest to her and took care of the estate after her death. He died last year. I don’t know if he ever found her will or if he did whether he filed it.

Well...ok...then what exactly did you mean when you wrote that your brother "took care of the estate"?

There are two unclaimed properties listed and they come to a little over $1000.

What is the nature of these "properties"? Cash? Something else?

On the claim form, it asks if there was a will or probate. But I honestly have no idea. How would I check?

Seems like talking to your brother who "took care of the estate" might be a good starting point. You can also check probate court records to see if there was a probate case.

If a will wasn’t filed then it says to have a third-party file an affidavit of heirship which asks about children, grandchildren, sibling, nieces, and nephews. I have no idea.

No idea about what? You're obviously aware of yourself and two brothers and an uncle. And I would assume you know whether your and your brothers have kids. Right?

If I must go through all that its probably more trouble than its worth.

The purpose of the exercise described is to determine who is entitled to the property under the law of intestate succession (i.e., the law that says who gets what when someone dies without a will). If there are children and no surviving spouse, that's as far as the inquiry needs to go.

Is there an easy on-line way to figure out if a will was filed.

The State of Texas has 254 counties. I would imagine that some have searchable online records and that some don't and would suggest that you google "[name of your mother's county of residence] probate court" and see what comes up.

 

[DTM1966_2]

My eldest brother died last year so I can’t ask him. I was told by my mother she ma out a new will when my dad died but I am not sure bob ever found it. And as you will see below there was nothing left anyway

mostly took care of it was paying all the bills. Donating her furniture - she did not have much in the care facility. She had prepaid for her funeral when my dad died. There was no money after the bills were paid. She had sold her house and car before moving into care but that ran out a year or so before she died. I and my brothers were helping out by the end

she had 3 siblings. They had kids (moms nieces and nephews) but I don’t know whether they are alive or dead. Where the nieces and nephews live. If they have married and changed their names. We had no contact. The form wants birthdays. Dates of death if applicable.

 

[PayrollHRGuy]

Seems like talking to your brother who "took care of the estate" might be a good starting point.

The brother who "took care of the estate" is dead.

 

[LdiJ]

My eldest brother died last year so I can’t ask him. I was told by my mother she ma out a new will when my dad died but I am not sure bob ever found it. And as you will see below there was nothing left anyway

mostly took care of it was paying all the bills. Donating her furniture - she did not have much in the care facility. She had prepaid for her funeral when my dad died. There was no money after the bills were paid. She had sold her house and car before moving into care but that ran out a year or so before she died. I and my brothers were helping out by the end

she had 3 siblings. They had kids (moms nieces and nephews) but I don’t know whether they are alive or dead. Where the nieces and nephews live. If they have married and changed their names. We had no contact. The form wants birthdays. Dates of death if applicable.

As was mentioned in a previous post, what the law cares about is who would inherit under intestate succession. Since your mother has living children, her siblings and nieces and nephews are irrelevant. Just list your mother's living children.

 

[DTM1966_2]

One last question. It says the affidavit of heir ship. Must be sworn by someone personally known to mom but that does not Benefit. She died 5 years ago at 89 And was in a nursing home for 8 years before that. Her personal friends are pretty much dead. She outlived most of them. Her neighbor from 13 years ago has moved. Her work colleges from 30 years ago have retired at this point and I don’t know how I would contact them. She was on Medicare before she died and doctor didn’t really know her. The only people who remember her at this point are generally family. Some more distant than others. Grand children. Great grandchildren. Spouses of the previous.

Who can fill out this form. Is it no one related at all. Or just primary heirs. (her children)

 

[PayrollHRGuy]

Must be sworn by someone personally known to mom but that does not Benefit.

That would seem to indicate that a family member who would have no chance of benefit would be able to sign.