Legal Question in Wills and Trusts in Texas
Bank Accounts After Death
The oldest sibling in our family passed away a few weeks ago. Our mother is deceased and our Dad is in a nursing home. Dad's doctor has written a letter stating that he is incompetent to handle financial issues; however, none of the siblings or anyone else has Power of Attorney or a Guardianship over him. Basically cannot get Power of Attorney from him because he is not mentally capable and no one has the money required to get the Guardianship.
My eldest sibling's estate consists of a bank account he left (just in his name) with $2,000 in it. He also has a pension from a prior employer but I do not know whether a Pension is passed to heirs. Is it? Also, the bigger question is what, if anything, can be done with the bank account. Can someone write checks on the account to pay his outstanding bills (no credit cards, just the standard stuff like utilities, etc.)? If not, what happens to this money - does the State of Texas get it? He did not have a will.
1 Answer from Attorneys
Re: Bank Accounts After Death
You have two problems, your dad and your sibling. If your dad is not entitled to any money from your sibling's estate, there is no financial matter to resolve at least relating to the sibling's money.
In Texas if someone dies without a will, their assets pass under the law of intestacy. Generally assets go first to the suviving spouse, if none, then to children, if none, then to brothers and sisters if none then to parents. Since you are alive,it would seem that you would take before your father.
Often a bank account signature card will contain a provision calling for the account to be distributed to a certain party.
Suggest you see an attorney to evaluate the details so you can be advised on the best course to take. It would be a good idea to find out what the bank would reguire.
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