Husband has passed, guardianship has ended! Now what?

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hurtingheart Asked April 2015

Husband has passed, guardianship has ended! Now what?

I need to send paperwork stating I am executor of husband's estate for my husband IRA retirement plan as well as death certificate, even though I am the beneficiary. Well I am already having problems with the boys. They didn't help me pay for Dad's funeral, while I am waiting on company to process life insurance and other benefits. The boys are asking questions about three rental houses that my husband had, that I have overseen the last three years. I have attorney that was trying to get Medicaid proved for my husband(it was previously denied) but I think they will only represent Medicaid, I called just them to see if they will file paperwork for me to be administer of husband's estate but haven't heard from them to verify today.
I want to stay ahead of things because I know his boys are being vultures and I want to stay ahead of the process. Actually my husband does not have a lot the three houses value less than $200K total, '99 Nissan, 95 Mercedes (not running) and 94 Dodge truck, (house I live in not included) then it not much in IRA but we were together for 15 years, married only three and I feel entitled to something. I took care of him, these boys were never around until this last trip to hospital we were told my husband would not leave.
Basically my question is what should I be doing first other than waiting to hear back from attorney that is handling the completion of guardianship with judge and the Medicaid.
I feel like I am babbling. I wish that I could just grieve the loss of my husband peacefully but I cant I need to take care of business first.

Financial Planning

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score 0 · Answer 1

My husband was not on Medicaid, family protective service referred me to an attorney that assist in getting Medicaid for elderly assets do not total 2K.
Thanks for you input!

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score 0 · Answer 2

hurtingheart, Texas probate law requires an "inventory of estate assets" within 90 days of the court order. Failing to do so would form the basis for removal of a Guardian, and preclude further appointment as fiduciary. What puzzles me is how he could be on Medicaid with more than $2K in assets. How was that accomplished?

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score 0 · Answer 3

With no Will, all assets are frozen until the probate court appoints a fiduciary. If you want to be fiduciary, your attorney must petition the court for that. Do that ASAP or the boys will get there ahead of you. If you were appointed on 7/14 and you have not done the inventory yet, 8 months after it was ordered, you have probably missed the deadline, which upsets the Judge.

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score 0 · Answer 4

There is no will . Medicaid is involved because was started last year while he was in NH, that why Nh released my husband because he was not progressing in therapy so his Medicare and bobs would not pay. I quit my job and cared for him 24/7 from October 14 until he passed march28. I was advised to get guardianship because there was no will and in 2013 he spent time in behavior hospital. Spoke to attorney today , I was to the inventory of guardianship still has to be completed, from time I was appointed 7/14 through 3/28/15. We have no children together he has 4 boys (ages42-50)

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score 1 · Answer 5

If there is no Will: All property acquired during a marriage is presumed to be community property. Under Texas laws, if you are married and are survived by a spouse and children, then:
1.Your surviving spouse will inherit all your community property if all your children are also the children of your surviving spouse;
2.Otherwise, all your one-half interest in the community estate will pass to your children, with your spouse keeping only his or her one-half interest.

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score 2 · Answer 6

Dig out the Will and read it. That is how things are divided. Meet with the attorney who wrote the Will to set up Probate proceeding. Forget Guardianship and Medicaid, they are no longer in the picture. There is a Will, right?

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score 0 · Answer 7

I am confused, why is Medicaid involved at all? Medicaid is for those patients who are too poor to pay for their own medical care. Please clarify.

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Husband has passed, guardianship has ended! Now what?

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