Legal Question in Wills and Trusts in Texas
estate question
My mother recently passed. There is a joint checking account in both our names with a few hundred dollars in the account that I would like to withdraw and subsequently close the account. I have been helping her out for the last several years by depositing money into the account (in addition to her SSI), but I have not directly paid any of her bills. There is no estate or will. Will the court appointed executor have any right to persue me for the money I withdraw to pay her debts? Also, I had one of her utilities forward me the final bill. If I pay this, does it give the impression that I am assuming all of her debts?
2 Answers from Attorneys
Re: estate question
With a joint checking account, the survivor is entitled to the property in the account.
In your case, as long as the account identifies you as an owner, then the property within it is yours. If you were put on the account for the convenience of your mother, to pay her bills, or to assist her banking needs, then you would be entitled to your portion of the intestate (without will) estate.
Re: estate question
How sad to have such concerns when one loses their parent. Apparently there is a house, if you pay utilities. But if it was for rental unit, and their is no property...there will be no "court appointed executor"..Call us if you wish to discuss. No charge to consult.
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