Legal Question in Real Estate Law in Texas
father just died and only money he has is in a checking acct (7,000.00). no property just the 7,000.00. does his mother have any rights to this money? she is puzzled why she just can't go claim it. his bank went from summit bank to frost and he attempted to name her second person on account but they say that she needed to sign paperwork for this and that she doesn't have any right to the money. she's 86 years old and wants to know what her rights are as a mother.
I'm his daughter
2 Answers from Attorneys
I'm sorry to hear about your father. That being said, I don't have enough facts to tell you who has access to his money. I can tell you that no one can get to it (in most circumstances) without a court order. Was your father married at the time of death? Are there any other names on the account?
See if the bank will accept an affidavit of heirship. If no will, money would first go to children outside of present marriage, if none, then to spouse, if none, then to children,. His mother would be next in line.