Weird legal question regarding probate

[Texzilla58 4745]

For the legal folks

 

A fraternity brother died in Dallas recently. He was destitute, basically a barely functioning alcoholic living in an old rv outside Weatherford stocking shelves at Walmart.

 

He let no one know he was eat up with cancer and dying. I only learned of it after a roundabout circle made it’s way back to me. Have known this dude since we were 19, 45 years. He always said he was an only child. We learned last week he has a stepsister and half brother.

 

The half brother is his only blood kin. He is in Jackson TN. He had not spoken to him but ten minutes since their fathers death in 98. He learned of it by receiving a FedEx from an insurance co from Walmart indicating he was the beneficiary of a small life policy, just send a death certificate and ssn.

 

There are no assets. He spent everything on rent, beer, smokes, and gas. No property. A tote the note car that evidently got repo’d. The rv just had some clothes.

 

I’m assuming no probate. His wallet should be at the Dallas coroner where he’s in storage for either donation to UTsw or disposal. It’s really only important for finding a ss card.

 

How does the half brother GW the info he needs? Is there a simple way to establish himself as the heir to get information like a SSN from SSA? Get the possessions from the coroner? Does he need a letters testamentary?

 

Thanks in advance!

[South Austin 52686]

Where does Hobie Gates factor into all of this?

[hornian 5251]

He needs to hire a lawyer, and probably file either a small estate affidavit or request an affidavit of heirship. 

Not me though, we do probate, but not in that neck of the woods. 

[NeverMarryAStripper 22030]

Why bother if there are no assets?  If the only thing is a small insurance policy, then just file the form with the insurance carrier with whatever documents they require to prove the death of the insured and the identity of the beneficiary.  I can't see any reason a letter of testamentary would be required.  I'm no lawyer though.

[Jerry Callo 8828]

2 hours ago, hornian said:

He needs to hire a lawyer, and probably file either a small estate affidavit or request an affidavit of heirship. 

Not me though, we do probate, but not in that neck of the woods. 

Agreed.  Whether it is worth the hassle depends on the size of the insurance check.  $2500 - probably not worth it, $25,000 - probably worth it.

[dcbc 14568]

Are we talking about the half-brother's SS card or the Departed's?  If it were I, I'd get in touch with the Ins. Co. and figure out what they need.  Death certificate shouldn't be hard to get.  If it's the Departed's SS card, that might be a little trickier, but as the beneficiary of the policy, and with no intestate assets, if the half-brother is a reasonably functioning individual, providing the necessary info to get the policy benefits probably isn't the hardest thing in the world.  I'm betting it's not a huge policy though, given the circumstances.  This (the ins. policy) likely wouldn't be part of the estate.

[Texzilla58 4745]

The SSN is the departed’s. The wallet we think is at the coroner in Dallas. The half brother is the beneficiary and the docs say they need the son. It’s a Walmart employee insurance policy so you’d think the ins co has it. He’s trying to get access to the wallet with the coroner and getting resistance.

I last saw this guy in 1981 and though we conversed after he moved to Weatherford some Im trying not to get roped further in to all this. And the half brother need me to collect his little inheritance and not spend it on attorneys if possible.

[TwiceHorn 31677]

5 hours ago, Jerry Callo said:

Agreed.  Whether it is worth the hassle depends on the size of the insurance check.  $2500 - probably not worth it, $25,000 - probably worth it.

Why though?  Insurance proceeds don't pass via will or intestacy unless there's no beneficiary or contingent beneficiary.  The half bro apparently is the designated beneficiary.

He can get a death certificate from Vital Statistics, here. https://ovra.txapps.texas.gov/ovra/order-death-certificate

And the SSN needed is his own, I'd think.  Not the decedent.

The decendent's SSN appears on the death certificate.

Edited September 6, 2023 by TwiceHorn

[Jerry Callo 8828]

28 minutes ago, TwiceHorn said:

Why though?  Insurance proceeds don't pass via will or intestacy unless there's no beneficiary or contingent beneficiary.  The half bro apparently is the designated beneficiary.

He can get a death certificate from Vital Statistics, here. https://ovra.txapps.texas.gov/ovra/order-death-certificate

And the SSN needed is his own, I'd think.  Not the decedent.

The decendent's SSN appears on the death certificate.

Ask @hornian, he's the probate lawyer.  I was thinking there was a small estate to distribute as well.  If he is the beneficiary of the policy, then this should be really simple (after the internet attorneys get their cut).

[hornian 5251]

6 hours ago, NeverMarryAStripper said:

Why bother if there are no assets?  If the only thing is a small insurance policy, then just file the form with the insurance carrier with whatever documents they require to prove the death of the insured and the identity of the beneficiary.  I can't see any reason a letter of testamentary would be required.  I'm no lawyer though.

His question I was attempting to answer was how to prove he was the heir. If there's any question, he would need an Affidavit of Heirship. If whoever he needs to prove he is the heir is willing to take his word for it, then no need. 

[Texzilla58 4745]

Thanks all for the info.

[dcbc 14568]

On 9/6/2023 at 3:57 PM, TwiceHorn said:

And the SSN needed is his own, I'd think.  Not the decedent.

Late getting back, but that's the weird part of it.  The beneficiary ought to just have to prove his own identity.  Anyway, sorry for the loss, Texilla58.  Good luck to your buddy's BIL.

Edited September 7, 2023 by dcbc

[Texzilla58 4745]

Thank you. The dude was a jerk who rejected our efforts thru the years to get him to rehab. He squandered a near million dollar inheritance on booze and dumb day trading. Believed conventional cancer treatment to be a sham and for decades publicly shamed a fraternity brother who became a leading research oncologist, even though st Jude cured his stepson. So he died a lonely sick man, alone in a charity palliative care ward.

The good thing is that his family is cool and I’ve met other friends and we’ve all shared various stories that the others know nothing about.