Legal Question in Wills and Trusts in Texas

Non Probate Assets

My Mom left CD's ($40,000.) with me as the sole beneficiary (POD)when she died. Are these assets subject to probate? I plan to divide these assets among the other heirs, but can I keep a nominal fee of $3000. more for compensation for being executor for the estate legally out of this money. Can any of the other heirs sue me for taking the compensation?


Asked on 8/29/06, 7:26 pm

1 Answer from Attorneys

Cheryl Rivera Smith The Smith Law Firm

Re: Non Probate Assets

That asset would not be subject to probate. It would be yours at the time of death. Present the bank with a copy of the death certificate and it will transfer ownership. You may want to let the CD mature before you distribute any money to avoid the hefty penalties.

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Answered on 8/30/06, 8:18 am


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