Legal Question in Wills and Trusts in Texas
Checking Account
My Father passed away May 07 and did not have a Will, even though he had written and dated his last wishes. My question is about my Dad's checking account. I was placed on this account as POD. The bank gave me no problems with retrieving the money. My sibblings are fighting this and saying I legally have to split the $6,000 with them...is this true according to Texas law?
1 Answer from Attorneys
Re: Checking Account
Under Texas Law, your dad's written wishes my consitute a holographic will if they where written in his own handwriting. Assuming that it is, your siblings may have the right to insist that the will be probated and that they receive their share under it.
However under Texas Law, POD accounts do not have to be probated.
You should take your Dad's written wishes and bank account signature card to a lawyer for review.
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