Legal Question in Wills and Trusts in Texas
Estate
My mother passed away, My name was on every bank account and a will was left. I am the only child. There is one CD that does not have my name on it and the bank will not give it to me, what do I need to do to get this CD. Her will said I nominate and appoint my son to be executor of this will and direct that no bond or other security be required of him as such, does this make a difference?
3 Answers from Attorneys
Re: Estate
If you are the only child and there are no other heirs, ask the bank if it will take an affidavit of heirship. It will save the expense of probate. The answer to your question is no, it doesn't make a difference. Either the bank will accept the affidavit or you will need to probate to get letters testimentary.
Re: Estate
You have a few options. If there are no estate debts, then you can do a summary proceeding called a muniment of title. If there are debts, then you can apply for letters testamentary. Either of these should help you clear the final bank account.
Re: Estate
You have a few options. If there are no estate debts, then you can do a summary proceeding called a muniment of title. If there are debts, then you can apply for letters testamentary. Either of these should help you clear the final bank account.
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