no will .no assets

I am in Texas, mother died without will...she had no assets..no savings or property...only small life policy which I am listed to get....

What do I have to do....????what is probate???

Need info on what ,if anything ,I have to do because she died.

Do I have to have an attorney?
What do I do about the "bills" she owed?

Can credit card companies get the small life ins. money she left to me?

Can the credit card companies come after me to pay her bills...I was not listed as a user on her credit cards.

I know they will be calling at my house when her bills are over due...what do I tell them? What do I have to do to deal with them?

I am really stupid when it comes to legal things....and I really do not have the money to hire a lawyer.

Any help will be appreciated.....Thanks, btdawgh

The definitions of what probate is varies. Feel free to read definitions here:
http://www.google.com/search?hl=en&l...fine:proba te

Basically it is a court that deals with the disposition of a decedents estate.

Did your mother have a will?

Is the amount of the life insurance enought to cover her debt?

Yes, she did have a small life ins. policy but someone was named as beneficiary. The amount may have been enough to pay most of her bills but they were all 'unsecured' debt. All of her accounts were in her name only. Nothing was "joint owed" . As I stated she had no assets but did have 'unsecured debt'..

First of all, this posting is from three years ago---well past the allowed time to process an estate.

Secondly, life insurance is NOT paid to an estate -(unless the estate is listed as a beneficiary)--the poster said she was the beneficiary.

Thirdly, she stated there was no will.

Fourthly, the beneficiary of the life insurance policy has the OPTION of paying the debts of the estate ( such as the mortgage, or auto loans, etc. if they wish to keep the secured item), but they do not have to. However she said there was unsecured debt such as credit cards, etc. The poster is under no obligation to pay those. Also, I suspect any property has long since been foreclosed on.

When my husband recently passed as a result of a work accident, I was the recipient of his life insurance as well as a sizable workmans comp settlement. I could have CHOSEN to use the money to pay HIS mortgage ( not my own---the home loan/deed was never mine) if I wanted to KEEP the house. The same was true of his vehicles. As his spouse, I was offered the chance to pay his debt in exchange for keeping the collateral, but I had no interest in his property. So, I deeded his house back to the bank, and bought my own house. I returned his vehicles to the respective lender and purchased my own house and vehicles.NOTE: I had the option of doing this because MY NAME WAS NOT on any loan, deed, or note related to the same. Now, had my name been on those items, I would have been responsible for them credit wise and returning them to the lender would have destroyed my credit. This is why we planned our affairs as we did--because I would have the OPTION of keeping his property, BUT I wouldn't be REQUIRED to do so.
I don't suspect that the original poster has her name on her moms mortgage. Obviously, as kin, her or anyone in the family can buy the property if they wish since it has an encumberance that needs to be cleared first..
Bottom line: When someone dies intestate ( without a will ) the estate goes through probate and a judge decides how to proceed. While life insurance can be used to pay the decedents bills if the collateral is desired to be kept, it isn't just seized ---it is paid to the beneficiary, not the court. It is actually a moot point since this posting was years ago--and the estate, if brought to the courts attention, has already been processed.
To the OP, have you received the life insurance money? your first posting says you are the beneficiary, your second positing says "someone". Who got the money and what happened to it?

"YES" this was long ago....as I understand you...and...believe you...since ONLY the dead persons name was on ANY debt...which was ALL 'unsecured' and there was NOT any property of any kind in question..ie: house,car,land...etc...that could or would have been "reclaimed" if a debt was not paid then ONLY the dead person was ever in life or death responsible for re-paying the debt.
.....I do know of a young woman who had a father who,believe it or not,the day before he was killed 'changed' his life policies to be paid to the 'estate' ..instead of his daughter.....and...that caused and cost that young woman "lots" of hard cold cash to then step in and go to court and resolve the issue....and...of course,his creditors..secured and unsecured stepped in and collected what he owed them before the daughter could get anything at all.....we do not know what advice or why this man did that but he did and it was one big mess that took a very long time to get straight....
....do you know what happens,in my case, my daughter is also named as 'owner' of our house...but..she is not on any loans I have...all are secured...like Home Equity. and ..CD secured...when I die...will these come due...and will they demand she pay them...or they move in...take the house...take the CD....etc....her name is on the CD...but it is my understanding her name is NOT on the loan...
....all of this is so confusing with two names here....one name there...
.....without big bucks for attorneys there is just no way to know what and how to do anything....unless each person is "solo" on all things in question......then,at least they can't be made to be responsible for something they have no part in.....and if lucky like you....can...go forth under their own means...
.....Is it against the law ....with absolutely NO assets to NOT go to probate??? I thought ONLY if an Estate had things that could,would or should be divided up...ie:assets in question was it necessary to even 'report' to the court at all...........with nothing there is nothing in question.....and life ins. left to an individual is not actually a part of an Estate.....unless the Estate itself is named as beneficiary....then and only then can any creditor set up a claim against the Estate....but...they have no claim at all if a beneficiary is name....the life ins. in that case is seperate and apart from any Estate left anywhere.
...I am the OP and "Yes"...I was the beneficary and the money...very very very small amount...only a few thousand...was used by me for necessary things not buying things...more needed for daily living things...I only wish she had had a huge amt.....I am a struggling single 60 years plus mother of handicapped children....who are adults who still live at home and I am their caregiver.....