Mother Passed, Need some help

[Jon/xpm]

My mother has passed away. Found out she had COVID, some how she beat COVID and then she recovered. That same month after beating COVID, she fought for her life and had a heart attack, back to the ER , then another heart attack and back to the ER for surgery and then another heart attack and finally has passed. I am needing some assistance in regards to her TRS (Teacher retirement system).

TRS is requesting for me to provide a Judgement declaring Heirship which must be through the probate court. Is this possible to do from another state? As I reside in Colorado and my mother passed away in Texas. Also, TRS recommended to get an attorney to handle this which sounds very costly. Is this possible to do with out an attorney? Final question, my mother had a bunch of unpaid debt, does the declaring of Heirship mean that I would inherit her debt?

Thanks
Jonathan

[Sean88gt]

Sorry to hear about your mom.

Did she have a will?

Are you an only child or does she have other kids? Surviving husband?

If not, you'll likely need to get a probate attorney. You likely won't inherit her debt, as it was her debt. Were you co-signed on anything? Was there secured debt (house, car, etc.)? Unsecured?

Here's a quick run-down of Texas's intestate succession rules (no will).

https://www.nolo.com/legal-encyclopedia/intestate-succession-texas.html

Discussion on debt: https://texaslawhelp.org/article/deb...ased-relatives

[Jon/xpm]

Sorry to hear about your mom.

Did she have a will?

Are you an only child or does she have other kids? Surviving husband?

If not, you'll likely need to get a probate attorney. You likely won't inherit her debt, as it was her debt. Were you co-signed on anything? Was there secured debt (house, car, etc.)? Unsecured?

Here's a quick run-down of Texas's intestate succession rules (no will).

https://www.nolo.com/legal-encyclopedia/intestate-succession-texas.html

Discussion on debt: https://texaslawhelp.org/article/deb...ased-relatives

She did not have any kind of will.

Two children, myself and my brother. She divorced my step father in the past. The TRS was set up in the past to be paid to my step father. We have sent in the divorce decree paper work for that.

No other assets, she lost her truck and house to the bank awhile back.

[Tx Redneck]

Sorry for your loss man. Sean has pretty consistently shared similar info on these posts, I tend to trust it.

[ceyko]

I'll say the same that I said in similar posts - get an in state attorney to help guide you through everything. Yes it costs a good deal of money, but worth it to make sure you get everything squared away correctly.

[dcs13]

Sorry for your loss. I hope she changed her benificiary on her TRS, otherwise you gotta a tough road. If y’all are the beneficiary, shouldn’t need an attorney

[bubbaearl]

it's been a long time since my bride set up her retirement but i dont believe it can go to kids . i could be wrong .

[The King]

it's been a long time since my bride set up her retirement but i dont believe it can go to kids . i could be wrong .

That’s the way mine is, surivivor pension benefits can go to my wife but not to my estate, children, siblings, parents, etc.

@Jon/xpm condolences on the loss of your mom.

[svauto-erotic855]

Do yourself a favor and when you get a copy of the death certificate get about five of them; you're going to need them.

[Craizie]

Do yourself a favor and when you get a copy of the death certificate get about five of them; you're going to need them.

At least.

[ceyko]

At least.

Yup, otherwise the person is still owes everyone and such.

[Jon/xpm]

I want to thank everyone for replying. It is greatly appreciated.

In past we might of had a joint banking account, would that matter? Other than that, I have not co signed on anything.

[dcs13]

I want to thank everyone for replying. It is greatly appreciated.

In past we might of had a joint banking account, would that matter? Other than that, I have not co signed on anything.

On bank accounts, check to see if there is a "POD"= Payable on Death. It tells the bank, if I were to die, this person gets my money.

Again, sorry for your loss. Ive had to deal with a bunch of that shit over the last few years. It can get overwhelming. Take a breath, make good decisions. BE CAREFUL. The vultures come out when someone dies. All kinds of crooked ass people trying to pull scams and steal stuff..

[lowthreeohz]

I've got no advice to offer, just my condolences for the loss of your mom.

[DON SVO]

Texas is going to require you to present with a probate attorney if there’s more than one direct and verifiable heir. My sister and I had a will clearly directing the distribution of assets when my dad died, death certificates, clear cut affidavits of Heirship etc. and Tarrant county court wouldn’t hear shit without us being represented by an attorney. Their own words, “there’s two heirs? We don’t care about the paperwork, get an attorney.”

It’s a racket. Plain and simple.