In case of no will

[TextileOnline]

What happens if the deceased left no will? Does his house and property go to the next of kin? He was a Canadian citizen. He had named his brother as beneficiary and executor of his home in Canada (Edmonton, Alberta). The brother has a copy of the will which is registered with a Commissioner for Oath in Canada. After that the deceased moved to USA for work. He died before he had the chance to register a will for his house he purchased in USA (TEXAS). The company he worked for says there is a company paid life insurance policy in which his brother is named as the beneficiary. The deceased was never married, so did not have a wife or children. His parents are also deceased, so the next of kin would be his brother.

Which government department should the brother contact to get the house transferred in his name? Should he pay the property tax before the end of January? Can he enter his deceased brother's residence or does he need a permission from a government department? There's no one living there now. He went there, saw it from outside but did not go inside. His brother was found deceased in that residence. Any advise would be welcome. Thank you. TextileOnline@Gmail.Com

 

[dee_dub]

It is not clear that the deceased had no valid Texas will. The Alberta will may meet the formal requirements of Texas law, and might be probated in Texas. Or, alternatively, the brother could probate the will in Alberta and file proof of such in Texas and apply to be named administrator. Once he's named administrator, he can deal with the property.

If the Texas laws of intestacy apply, then since the deceased had no spouse, children, or parents, siblings are next on the list. His brother could apply to be named administrator, and distribute the property to himself accordingly.

No matter how you slice it, the brother can administer the deceased's estate and is the beneficiary.

The life insurance policy does not form part of the estate, and is paid directly to the brother.

 

[TextileOnline]

Thank you for the answer. Which government department should the brother contact in Houston to be names as administrator? Why is be being told that he cannot enter his deceased brothers residence? It was owned by the deceased brother, not rented. There is no mortgage involved. He died of natural causes. There was no crime involved.

Hope to hear from you soon. Thank you.

 

[dee_dub]

He should obtain a lawyer and apply to the probate court to be named administrator. Who's telling him he can't enter the property? Whoever it is is probably right.