Good morning,
My Dad passed away a few months ago in the state of Texas
It turns out his will is not valid.
My brother and I have an appt with an attorney next week to talk about the next steps, but wondering what we need to do in the meantime. Should we contact the energy company who is mailing his checks? Neither he nor I can cash them so we should have that stopped until things are settled? His estate is not very large, he bascially lived off his checks so wondering if we should complete Proof of Death & Heirship in the meantime.
Probably best to just wait and see what the attorney says and not spend energy or time on what is not needed. You may have to file the Heirship papers, but see if it is required. After you meet with the attorney, you should contact the operators and tell them what the attorney indicates. Thank you for being honest about not cashing the checks. Keep them and the operator will be able to re-issue them in the correct amounts to the proper heirs. In the meantime, check the unclaimed funds inthe the Texas comptroller’s office to see if he was missing any funds. You can’t claim it until his estate is finished but you will know they exist. Condolences.
Did the attorney you are meeting with tell you the will was not valid? Note that Texas has done a lot to help small estates, and others, to deal with their estate needs and avoid costly legal fees. Another benefit of living (and dying) in Texas.
Here is a link to the Texas State Law Library that will help you prepare before meeting with the attorney.
“ Official Forms”
In general, Texas has very few official legal forms. This is why you will not always find a free fill-in-the-blank form for your situation.
If there is an official form for a legal procedure, it is usually found on the court or court clerk websites.
Templates & Drafting Guides
Everyone’s legal situation is different. It is difficult to create standard fill-in-the-blank forms that can work for everyone. Templates and drafting guides often need to be customized for your specific situation. If you need help, it’s a good idea to ask a lawyer which,you are doing.
Topics on the reference website include:
Affidavit of Heirship
Small Estate Affidavit
Transfer Property After Death
Power of Attorney
Wills