Legal Question in Family Law in Texas
Mother came to live with and was paying me a certain amount for her care. We added my name to her account , because she was going blind and she also had tremors that made it impossible to sign anything, so signed everything. My brothers say that the $1200 left in the account is not mine even though my mom said in her very small will that the account was mine to do as I saw fit. So, do I have to split the $1200 with 9 kids?
1 Answer from Attorneys
I'm sorry you've lost your mother. That must be very painful for you.
If your name is on the account as a Joint Owner with Right of Survivorship, then the account is yours no matter what the Will says. In this case, you do not have to share the money.
If your name is on the account as a Pay on Death Beneficiary, then the account is yours no matter what the Will says. In this case, you do not have to share the money.
If there are no Joint Owners on the account and no Pay on Death Beneficiary, then you have to look to the Will. If the Will is admitted to probate AND the Will definitively gives the account to you and only you, then the account is yours and you do not have to share the money.
In any other case, you will probably have to share the money.
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