Legal Question in Wills and Trusts in Texas

My husband died in Sept. , 2013 without a will. He had an IRA and had not named a beneficiary (without realizing he had to). How can I claim it and how do I legally claim my community rights to half of it, which I told the credit union I was going to do. Thanks


Asked on 1/09/14, 4:21 am

1 Answer from Attorneys
Robert Newton The Law Office of Robert Newton, P.C.

If no beneficiary was named, then you need to go through some sort of probate process to show the financial company that you are the person that is entitled to the proceeds. Although it probably shouldn't, it varies from company-to-company. For instance, some companies will accept an un-filed affidavit of heirship. Others require an affidavit of heirship to be filed. Still yet, others require the receiving party to get an order from the court, which is probably most common today. It may not hurt to hire an attorney for assistance.

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Answered on 1/09/14, 7:28 am


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