Legal Question in Wills and Trusts in Texas

Bank accounts

My father died in Texas without a will. His bank account was in his name only. what do I need to gain access to the assets.


Asked on 9/23/06, 5:06 pm

4 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: Bank accounts

You need to be appointed executor of his estate in TExas.

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Answered on 9/23/06, 5:10 pm
Peter Bradie Bradie, Bradie & Bradie

Re: Bank accounts

Assuming that you are his sole heir, you'll need an affidavit of heirship. If there are other heirs, siblings or spouse, you'd have to go one step further and get agreement among all the heirs as to whom should handle the assets of your father's estate.

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Answered on 9/23/06, 5:45 pm
Robert Roemer Robert Roemer

Re: Bank accounts

It is my experience that someone like yourself should hire an attorney immediately to assist them in this process.I have found being a lawyer that I can assist you and help coordinate representation with other counsel.If you would like to discuss this further call me or send me a e-mail.

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Answered on 9/23/06, 5:52 pm
Cheryl Rivera Smith The Smith Law Firm

Re: Bank accounts

First, check with the bank to see what they will require. On the outside chance you didn't ask them already, check to see if his account had a Pay on Death instruction. I am assuming not, therefore, the bank may accept only an Affidavit of Heirship (keep your fingers crossed that they do), which they may provide. If not, they may require a court order under an Heirship Proceeding. You will need a Texas attorney for the Heirship Proceeding. Best of luck.

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Answered on 9/23/06, 6:16 pm


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