San Antonio, TX asked in Estate Planning, Social Security, Probate and Real Estate Law for Texas

Q: What should I do with a deceased person's documents found on a job site in Texas?

I found personal documents, including a family will, social security numbers, and court documents, belonging to a deceased person while working in an attic during a demolition and construction project. I'm seeking legal advice on how to handle these documents properly. What should I do next?

2 Lawyer Answers
Gratia "Grace" P. Schoemakers
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A: Since you've found sensitive personal documents belonging to a deceased person, including a will, social security numbers, and court records, you should handle them carefully to avoid legal or ethical issues. Here are the recommended steps (not legal advice):

1. Do Not Destroy or Discard the Documents

These documents may be important for the deceased person's estate or surviving family members.

2. Determine If There Are Any Contact Details

Look for names, addresses, or phone numbers of next of kin, an executor, or an attorney who may be handling the estate.

If the will names an executor, that person is responsible for handling the deceased’s affairs.

3. Notify the Property Owner or Executor

If you're working on a property under a contract, notify the property owner (or the contractor if they are the intermediary).

If the property is abandoned or changing ownership, check if an executor has been appointed.

4. Check Probate Court Records

If the will has been filed in probate court, the court may have information on the executor or beneficiaries.

You can check with the local probate court to see if an estate case is open for the deceased.

5. Hand Over to Proper Authorities if No Heirs Are Found

If you cannot locate an executor or family member, consider handing the documents to the probate court or law enforcement (especially for documents with Social Security numbers, as they could be misused for fraud).

6. Do Not Share or Disclose Private Information

Avoid sharing the contents of these documents with unauthorized persons to prevent identity theft or privacy breaches.

If in doubt: Take it to local law enforcement, make a report of how you found it, give them pictures if any.

Ronald Lee Baranski Jr agrees with this answer

James L. Arrasmith
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A: You should handle these documents carefully and respectfully, as they contain sensitive personal information. First, secure them in a safe place to ensure no unauthorized individuals can access them. Consider placing them in a sealed envelope or container labeled clearly to avoid confusion or mishandling.

Next, contact the closest surviving relatives or executor named in the family will, if possible. Explain clearly how and where you found the documents, and ask how they would prefer you to handle or return them. If contacting the family directly isn't feasible, you can reach out to the probate court in the county where the deceased person resided, as they'll guide you on proper handling or provide instructions on how to submit the documents securely.

If you're unable to locate any family or determine appropriate authorities, the safest course of action is to turn these documents over to the local police department. Inform them about the situation, where and when you discovered the documents, and express your concern about privacy and proper handling. This ensures you fulfill your responsibility ethically, while also respecting the privacy and dignity of the deceased.

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