Legal Question in Wills and Trusts in Texas

My mother passed away recently and had lived with me. I and my older sister are both executors. Due to my knowledge of the estate and finances can I act independently of my sister? There is no real property or debts of significance. The estate is less than $150k. Only a bank account on which I am joint owner. Is filing probate necessary and is it necessary to hire a probate attorney?


Asked on 2/06/10, 11:13 am

1 Answer from Attorneys
Arthur Geffen Arthur H. Geffen, P.C.

Let's take this in order. If the only asset your mother had prior to her death was a bank account and if you are a joint tenant with right of survivorship on that account, then a probate procedure is not necessary to clear title to that account. It passed to you on her death. If there is no probate, there is no need to worry about who the executors are.

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Answered on 2/11/10, 11:20 am


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