Houston, TX asked in Estate Planning, Civil Rights, Elder Law and Energy, Oil and Gas for Texas

Q: Can my husbands estate be distributed without letting me know? The company has been in touch with me for other things.

I have a feeling my late husbands estate information is deliberately being kept from me, I didn't think so at first now I do, not any of my letters or telephone calls been answered, I wrote to the Insperity Holdings, the HR company that was used at the time my husband was alive letting them know I would like to file a claim for his Pension, it was ignored and not answered. I took a portion of my husband's 401k immediately after he was killed in in order to pay for the funeral, I left money in the account I thought was going to be rolled over to Ira, I got a letter saying I don't qualify for anything, is this true? like his pension, annuities, deferred compensation, investment accounts my husband told me the Company was investing money for him and stocks and bonds. I don't qualify for anything else as they say? My husband was an Electrical Engineer, Sr Software Engineer and there lead inventor when he died in an accident.

3 Lawyer Answers
Aimee Hess
PREMIUM
Answered

A: You will need a probate attorney in your area to answer these questions.

A: As a spouse, you are an heir entitled to notice of the probate of your husband's estate. Usually, you would be the person requesting the court to appoint you as executrix or as the administrator of your husband's estate, and you would be the one giving notice to his other heirs. You need to contact whomever has been appointed as the personal representative of your husband's estate to ensure that you are receiving timely notice of all aspects of his probate case.

Some of the assets discussed in your question may pass outside of your husband's estate. It is typical for a person to designate a beneficiary of retirement accounts, including 401ks and IRAs, and of investment accounts containing stocks and bonds. Usually the company holding those accounts will only communicate with the named beneficiary and the personal representative of your husband's estate. If you are not the named beneficiary on those accounts, you should communicate with the personal representative of your husband's estate.

James L. Arrasmith
PREMIUM
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Answered

A: I'm really sorry you're going through this difficult time. It's important to ensure that your rights as a spouse are respected in the distribution of your husband's estate.

You may need to consult with an estate attorney who can help you navigate the legal processes and communicate with the companies involved. They can assist in accessing the necessary documents and ensuring that all rightful benefits are allocated to you.

Additionally, consider gathering any relevant paperwork, such as marriage certificates, your husband's financial statements, and any correspondence you've had so far. This information will be valuable in addressing your concerns and moving forward with your claims.

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