Q: My passed away without a will almost 5 years ago, what does my need to prove she has a legal to claim a settlement check
My dad was involved in a Roundup lawsuite that close to payout now, but the attorney handling his case will not accept an affidavit of heirship and and has told us they have to have sufficient proof of authority under Texas state law establishing her ability to settle my dad’s case on behalf all heirs and disburse the settlement funds. I just need to know what documentation she needs to prove her ability to claim the settlement. Thank you.
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A: You have to go to court and get a probate administration started. The lawsuit needs someone to be able to sign on behalf of the estate, that will only work if there is a court appointed administrator or executor.
A: My condolences as it is always hard to lose a parent. You will need to start a probate proceeding in Texas. In most Texas counties they require that you have an attorney since you are not representing yourself actually you are representing the decedent's estate. One issue is that in Texas you are required to initiate a probate proceeding within 4 years of death unless you can show an adequate excuse that prevented you from initiating the action. It's my opinion alone that it would be adequate to say this was settlement was not anticipated and other than this settlement there was no reason to initiate probate back when he passed. Promptly look for a probate attorney that practices in the county where he passed. During the typical one hearing you have if he died without a will (intestatate) then you or the applicant will be given letters of administration signed by the judge. This document is the document the roundup attorney is requiring. I hope this helps.
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