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I'm not sure of the legal aspect of my situation. I am the son of the woman posting this question. I am writing this for her.
Anonymous6 views3 answers
I took care of my brother the last 3 years of his life. He passed away in December 2014. He did not have a written will. We had a joint bank account so I could take care of his bills. He bought a truck in May 2014 as I was having trouble with my vehicle. I took him of him completely food, house, Dr appointments etc. He told me that when he passed he wanted me to have the truck and any money left in our account after paying his bills. He also conveyed this to his daughter. He said I could share the remaining money with his daughter if I wanted to. I gave his daughter $4000. Now she is saying she wants $6000 more or she wants the truck. The truck was paid for out of our account.
I'm not sure what to do. She is being arrogant about this and has had nothing to do with her dad for many years
Andrew Marshall WolfeCriminal Defense AttorneyBelton, TX ·
This is a somewhat complex situation. You will probably want to consult a probate attorney for guidance on how to proceed. I say that for a few reasons: 1) the intestacy laws would likely give the daughter some claim to the estate (depending on the living heirs and a few other factors); 2) you may have a valid claim to the joint account funds; 3) if you can prove that you paid for the vehicle, you may have a valid claim to that as well. If y'all can't agree on things, you should probably hire an attorney that can assist you in protecting your claims and guiding you through the probate process.
Attorney Wolfe is spot on with his response and the aspects of probate. Since your brother died without a will, his daughter is likely entitled to portion of his estate no matter what he verbally agreed to with you. You may have rights in the bank account and truck. An attorney can help guide you.
Sit down with a probate lawyer to discuss. The solution may be simple.
I assume the deceased brother was divorced or widowed when he died.
If the bank account was a POD or had a right of survivorship, then the money would pass to the sister. If not, the daughter would probably have a string claim to it.
Without something in writing, the truck would probably pass to the daughter. There might be a reimbursement to the sister, or maybe not.
Many details need to be discussed with your lawyer. Pay for an hour of time and make a plan.
Texas does not recognize oral wills.
