Legal Question in Wills and Trusts in Texas
CD missed during Probate
When my step-father probated my mother's will, he did not remove her name from a CD they owned together. It has been over 4 years since my mom passed, will this CD now be distributed according to my step-father's will? Or would it be distributed by the state to the next of kin because the 4 year deadline has passed?
The CD is not a POD nor does it have beneficiaries listed. My mother's will dictated all her belongings go to my step-dad or divided between my brother and I if he had already passed. My step-dad's will dictates all his belongings go to my brother and I, who he never adopted.
Thank you!
1 Answer from Attorneys
Re: CD missed during Probate
Someone will have to re-enter your mother's will as muniment of title to get the CD to pass to your father. Then that estate asset will pass by your father's will.
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