QUESTION
Father passed away over 10 years ago. One acct in his name only. Mother didn't need it, so never changed name. Mother passed. How does son claim acct.
Asked on Jul 29th, 2021 on Wills and Probate - Texas
More details to this question:
Now that both parents have passed, how do I claim account that was in Father's name only. He passed over 10 years ago. I am named as executor of BOTH parent's wills, but haven't found them yet. Mother recently passed, but since acct was never put into her name, I'm thinking it would be Father's will that would be needed to release acct....except it's been over the 4 year period since death, to probate a will. Financial org. is asking for "executor" or "administrator" paperwork from me. If I find the will, is it too late......do I need an "affidavit of heirship"....I'm just not sure what to do next. Thanks.
1 ANSWER
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The first thing you should do is ask the bank what they will take. You will probably need a lawyer because for you to get beyone the first line clerks who read from a manual is going to be impossible. A probate lawyer could probably cut through the red tape and get a reasonable answer. From a practical standpoint, since your mother was alive when your father died, the account (or its contents) would first pass to her estate and then from hers to you if you are the sole beneficiary. Since you say you are both of their executors but can't find the will, a copy might work for your mother. It is too late to try to probate a will for your father absent some very stringent circumstances. A small estate affidavit and order might work but again unless you have a lawyer who knows what they are doing and who has all the facts, you are likely to mess this up. A cut to the chase answer...HIRE A PROBATE LAWYER.
Answered on Jul 29th, 2021 at 11:17 AM