Legal Question in Wills and Trusts in Texas

A couple of months ago my mother passed away. Her checking acct still has a balance. I provided the death certificate so they could verify her death. If she has a beneficiary they will issue the funds to the beneficiary. However if there is no beneficiary, how do I get the funds issued to me, her next of kin? She doesnt really have an estate set up and the death was sudden, so there is no will. The bank refuses to tell me anything which I understand, so they can cover their butt. I have all of her account info and social security number, and her DL.


Asked on 4/10/13, 6:32 pm

1 Answer from Attorneys

David Leon David L. Leon, P.C.

The answer depends on the facts of the estate. Did she have debts? A house? car? Etc.?

In some cases, you may be able to do a small estate affidavit. Also, some banks (rarely) accept affidavits of heirship. If mom's estate is more complicated, then an administration may be in order.

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Answered on 4/10/13, 7:10 pm


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