No Will for Father's Small Estate - What Do We Do

[cctrayders]

My question involves estate proceedings in the state of: Texas
My father recently had a stroke and is supposed to go into a nursing home this next week. He has limited mental understanding and probably is not able to make major decisions now per the doctor. I've just gotten to re-know my father recently and there are many details of his life that I don't know about. A close church friend has Power of Attorney supposedly re emergency medical matters. I'm his daughter (living several hours away). I don't object. Dad supposedly has a Will that only mentions his desires re his funeral. My Dad IS still living and I love him and hope he can enjoy more years in comfort, but we are wondering what decisions we SHOULD make at this point in his interest. And what we should NOT do at this point legally even. He was in a nice assisted living apt which he will have to let go. I and his church friends/a couple apparently will have to make decisions very soon re Dad's things, simply because he won't be able to live on his own in his apt anymore, per the doctors/rehab facility. And his disabilities now are so severe that we cannot physically take care of him in a home environment. He only has an old car he was letting his caretaker use and who said she'd like to buy it. He has a computer/printer etc, a motorized wheel chair and some photography equipment. But total would probably be no more than $2000 or so, I'd guess, MAYBE up to $5,000, tho doubt it. Friend also is able to access bank account per their previous arrangement w/Dad for such need. He has $300 in the bank and gets only $700+ for Social Security. Bills we KNOW of include at least one $3,000 credit card bill and hopefully not too much more. What can we do? As his daughter, am I able to make decisions based just on the relationship? Do I need to prove it with my birth certificate? I get along with his friends fine and anticipate no problems w/decisions. There is nothing to "fight over". Who is resp for his bills that his income doesn't cover. I don't have any extra resources, but want to do what I should to help him. I certainly dont mean to jump ahead but his friends feel we should prepare ourselves and be aware in case we need to make decisions sooner rather than later. IF his Will isn't actually notarized (possible), do we have to do anything Will-wise, except pack things, distribute small family items among family and friends, maybe a family member take his computer? When an "estate" is very small, does a will HAVE to be probated if there is no actual property? We would gladly FOLLOW his wishes. Does being intestate REQUIRE action in probate? Thanks so much for comments.

[Mr. Knowitall]

If you want authority to sell his assets while he is alive but not mentally competent, petition a court to be appointed his guardian for the purpose of managing his financial affairs.

Texas has a special law for administering small estates (<$50,000), which is supposed to be pretty easy to navigate. When the decedent doesn't direct how his assets are to be inherited, the laws of intestate succession apply.