Questions to Ask an Estate Lawyer After Death

• Is the Previous Power of Attorney Still Valid?
• What Can I Do to Protect the Assets?
• Do I Need to Open a Probate Estate?
• How Can I Find Out if There is a Will?
• What About Debts and Taxes?
• How Do I Handle Notification of the Death?
• How Do I Obtain a Death Certificate?

What happens to property when a parent dies?

When a parent dies, property is distributed according to the wishes of the deceased if she left a will, or based on the laws and practices that govern such transfers in that particular state. Whether or not you’d get property in your name upon the death of a parent depends on the will.

Who is responsible for managing the estate of the deceased spouse?

In addition, if the deceased dies without a will, known as dying intestate, state law establishes a widow’s rights over the deceased spouse’s estate. The individual responsible for managing the estate of the deceased is the personal representative or executor. If the deceased has a will, that document names the executor of his estate.

What happens to your parent’s property if you remarry?

In community property states, such as Texas, a surviving spouse may get the rights to property acquired while they were married. This means that if your parent remarries, and buys a house with his new spouse, his portion of the property rights may transfer to his spouse automatically, even if he intended to leave his share to you.

What to say to someone whose mother passed away?

Your mother was one of the sweetest women I’ve ever known. She always had a nice smile and friendly greeting when I saw her. Please don’t hesitate to call if you need anything. I’m sorry to hear about your mother’s passing. She must have been proud of you and all your accomplishments. Give me a call when you feel like talking.