Legal Question in Wills and Trusts in Texas

My widowed Mom passed away in February, with a will, leaving her estate to myself and my brother (deceased in 2004) who was married with no children. My attorney advised that since I was the sole survivor and the estate had no outstanding taxes, debts, or mortgages, an Affidavit of Heirship would be a good alternative in lieu of probate. Up to this point, 3 banks, a C.U., and a petroleum company have accepted the certified, county-recorded affidavit, supporting affidavit and will, along with an original death certificate. But one Credit Union refuses, claiming that nothing in the documents proves that I am legally authorized to access her account. Efforts to resolve via e-mail to the CEO have gone
unanswered. Any advice or suggestions would be most appreciated.

Asked on 8/07/11, 5:45 pm

Donald McLeaish McLeaish&Associates;, P.C.

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Your attorney is correct BUT some banks do require probate...and perhaps he could talk to the credit unions legal counsel..

Answered on 8/08/11, 7:52 am

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