Legal Question in Wills and Trusts in Texas
My mother's death and her bank account and mortgage
Okay, if the bank says I need more than the death certificate because she did not list any beneficiaries can I file for a Letter of Testamentory or a Letter of Administration on my own. My mother is not married and has only 2 daughters, myself and my sister, and how can I or (we) take over her mortgage, what would I need for that? My sister says she knew my mother wanted to leave her condo to me and my son so I assume she will be willing to not take part in that but she does need half of the money left in my mothers bank account. How can I get one of those letters and how can I take over the mortgage? I have already put the other bills there into my name but her next mortgage payment is due in September and is owned by her bank.
2 Answers from Attorneys
Re: My mother's death and her bank account and mortgage
What you need to do depends on the facts of the estate. Did your mother have a will? What are the assets/liabilities of the estate? If there was no will, are there other children? Step children? Spouses? Are there other debts?
Re: My mother's death and her bank account and mortgage
Contact a local lawyer to probate the estate..it all goes to the two of you as you describe..but probate is necessary for anyone to "own" the house and sell later..We do such probabes..but call any lawyer in your area..
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