Legal Question in Wills and Trusts in Texas

affidavit of Heirship

my mother passes away 12/07. She died without a will, and I have sold her house. I am the only child, and I have the affidavit of Heirship paper as well as her death certificate. I am trying to close out her checking account with Bank of America, and was told I have to go to a Judge and get him to certify the heirship paper. what are they talking about? The heirship paper is notorized with 2 people that have known my family for 45yrs. I feel like they don't want to release her money from the bank. She has quite a bit in there that she has saved over the years. What else can I do? I have been trying to settle this since monday, and they have me running back and forth all over dallas county and Ellis county(where I live)


Asked on 5/20/09, 8:18 am

3 Answers from Attorneys
Donald McLeaish McLeaish&Associates;, P.C.

Re: affidavit of Heirship

Take the affidavit of Heirship to the probate judge in the county where your mother lived, they may sign off on it...and if not, call us or a probate attorney..but the Bank is correct...

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Answered on 5/20/09, 9:11 am

Re: affidavit of Heirship

Do you know how much is in your mother's account? Also, were you listed as a beneficiary on the account? You may need to execute a small estate affidavit to get access to the funds.

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Answered on 5/23/09, 12:14 pm

Re: affidavit of Heirship

Do you know how much is in your mother's account? Also, were you listed as a beneficiary on the account? You may need to execute a small estate affidavit to get access to the funds.

Read more
Answered on 5/23/09, 12:14 pm


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