Houston, TX asked in Estate Planning, Family Law and Probate for Texas

Q: How would an heir go about addressing a church pastor who took over a deceased loved one's property and assets?

The heir was informed of the death three days after and was not included in any planning of the services, etc. Upon inquiry at the funeral home was told that they thought she didn't have any family.

3 Lawyer Answers
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: I suggest you introduce yourself to the pastor, explain who you are, and file an application to probate the estate of the decedent asking to be appointed as independent administrator of the decedent’s estate.

Melissa O'Neal agrees with this answer

Isaac Shutt
Isaac Shutt
Answered
  • Estate Planning Lawyer
  • Richardson, TX
  • Licensed in Texas

A: I agree with the previous answer. If it's possible the pastor doesn't know about the heir, it could be that the pastor thought the pastor was actually doing the right thing.

Aside from that, you should definitely consult with a probate attorney ASAP. You probably want to file in probate court as quickly as you can. The heir's legal rights need to be protected, and you really don't want assets "disappearing."

Melissa O'Neal agrees with this answer

Melissa O'Neal
Melissa O'Neal pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Estate Planning Lawyer
  • Angleton, TX
  • Licensed in Texas

A: I also agree with setting a meeting with the pastor to determine what he knows and maybe take proof if you have any of your relationship. Also agree that you will want to meet with a probate attorney as soon as possible. If you are aware of a will provide any information you have. When you meet with a probate attorney they will know what to ask you in order to proceed with the proper type of probate procedure.

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