Legal Question in Wills and Trusts in Texas

My dad passed away last year in Texas. At the time of his death a friend was living with him. She ended up dying less than a month after he did. Her possessions have been in his home for well over a year now. I have been contacted by her beneficiary recently requesting the items. Am I obligated to hand them over given the amount of time that has gone by?


Asked on 9/25/11, 5:51 pm

1 Answer from Attorneys

Brian Thomas Burdette & Rice PLLC

Possibly. You have a couple of critical issues. First, you need to know whether or not the possessions being requested belonged to your father, to his friend, or to the two of them together somehow. Second, you want to be certain that the person requesting these items is actually entitled to them. The collection of assets belonging to a decedent is one of the primary jobs of an estate's personal representatives (often called an executor or administrator.) Beneficiaries, whether recipients under a Will or by virtue of the laws of intestacy, are not always the same people as executors or administrators. An executor or administrator has a superior right to possession of these items before a beneficiary. You don't mention what proof this person has provided to you in order for you to determine that they are entitled to anything, and I would suggest getting a bit more from them before you start handing things over.

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Answered on 9/26/11, 10:44 am


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