Bringing this forward from the last thread:
https://www.websleuths.com/forums/s...ounty-10-March-2017-5&p=14075179#post14075179
Im afraid it doesnt answer your question directly, but the following explains what happens with the assets of the estate, or probate assets:
SUBCHAPTER B. PERSONS PRESUMED DEAD BUT SUBSEQUENTLY PROVED LIVING
Sec. 454.051. RESTORATION OF ESTATE. (a) Except as provided by Subsection (b), a person who was proved by circumstantial evidence to be dead under Section 454.002 and who, in a subsequent action, is proved by direct evidence to have been living at any time after the date the court granted the letters under that section,
is entitled to restoration of the person's estate or the residue of the person's estate, including the rents and profits from the estate.
(b)
For estate property sold by the personal representative of the estate, a distributee, or a distributee's successors or assignees to a bona fide purchaser for value, the right of a person to restoration is limited to the proceeds of the sale or the residue of the sold property with any increase of the proceeds or the residue.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
http://www.statutes.legis.state.tx.us/Docs/ES/htm/ES.454.htm
So, it appears MC would be entitled only to what remains of his estate.
Further information on what is included in an estate and what isnt:
The Difference between Probate and Non-Probate Assets
While a Will is important for directing the disposition of a Decedents assets,
it does not control the disposition of all assets held by the deceased. Assets that pass by a Will are probate assets.
But there are non-probate assets too. Non-probate assets are assets that disposition is not controlled by the Decedents Will or estate. Non-probate assets include, but are not limited to:
1)
Joint accounts with rights of survivorship;
2) Assets with designated beneficiaries,
including retirement accounts, IRAs and life insurance policies
[SBM]
Probate assets include those assets titled in the Decedents name only with no beneficiary designation or rights of survivorship, the Decedents portion of assets owned as tenants-in-common and the assets owned as joint tenants without rights of survivorship. (BBM)
http://www.tyla.org/tyla/assets/File/38668TexasProbatePassportWebReady.pdf
1) may explain why the inventory sheet shows the balance of any CD, cash or bank account as being zero if any such account they might have owned was in both their names.
Additionally:
MULTIPLE-PARTY ACCOUNT WITH RIGHT OF SURVIVORSHIP. The parties to the account own the account in proportion to the parties' net contributions to the account. The financial institution may pay any sum in the account to a party at any time.
On the death of a party, the party's ownership of the account passes to the surviving parties. (BBM)
http://www.statutes.legis.state.tx.us/Docs/ES/htm/ES.113
As ocgrad mentioned earlier, per 2) above, any retirement accounts or IRAs in MCs name is likely now in BCs name, so long as MC named her the beneficiary, and she can do whatever she wishes with it. Same with any life insurance payout.
Except for DROP, we have no idea if any of these existed, since BC isnt required to disclose such information.