Summary
In Texas, if there is no will, intestacy laws apply. Joint accounts often pass directly to the co-holder. If the account was set up as joint tenancy with the right of survivorship, the surviving account holder inherits the funds. Otherwise, the funds should be part of the estate and distributed according to Texas intestacy laws. To access the account, you may need letters of administration from a probate court. Start the probate process by filing an application in the county court, notifying interested parties, and obtaining letters of administration. Contact the bank to place a hold on the account if there is a dispute.Full Conversation
My mother passed away and I’m on a part of her account but the bank said only on that part my aunt is on her account is she titled to keep my mothers money
I'm sorry for your loss. To help you better, could you please let me know which state you’re in? This will help in providing more specific information regarding inheritance laws.
Texas
In Texas, inheritance laws generally follow these guidelines:
- If your mother didn't leave a will, Texas intestacy laws apply.
- Joint accounts often pass directly to the co-holder(s).
- As an account holder, your aunt may have rights to the funds, but it depends on how the account was set up.
Did your mother have a will, or was the account set up as joint tenancy with right of survivorship?
Thank you and There was no will and the bank won’t tell me
In Texas, since there is no will, intestacy laws will apply. Here are some key points:
- If the account was set up as a joint tenancy with the right of survivorship, the surviving account holder (your aunt) generally inherits the funds directly.
- If the account was not set up this way, the funds should be part of your mother's estate and distributed according to Texas intestacy laws.
To proceed, you might need to obtain letters of administration from a probate court to access your mother's bank account information and distribute the assets correctly.
Would you like information on how to begin the probate process in Texas?
Yes
In Texas, starting the probate process typically involves the following steps:
- File an application for probate in the county where your mother lived.
- Notify interested parties (such as family members).
- Obtain letters of administration from the court.
- Inventory and appraise the estate's assets.
Would you like guidance on how to file the application for probate?
Please
To file an application for probate in Texas, follow these steps:
- File Application: Submit an application for probate in the county court where your mother resided.
- Notify Interested Parties: Inform family members and other interested parties.
- Court Hearing: Attend a court hearing to determine the validity of the application.
- Letters of Administration: Obtain these from the court to manage the estate.
- Inventory and Appraise Assets: List all estate assets and their values.
Would you like details on where to file the application in your county?
Yes please
Harris County Probate Court
Phone: (*) *-*
Address: * Caroline St, Houston, TX *
Website: www.harriscountytx.govYou can start by filing the application at the Harris County Probate Court if your mother lived in Harris County. Would you like more details on what documents you need for filing?
My aunt want to clear my moms account in the morning
In Texas, if the account was set up as joint tenancy with the right of survivorship, your aunt may have the right to access the funds directly. However, if the account does not have this designation, the funds should be included in the probate process.
To prevent your aunt from accessing the account prematurely, you may consider the following actions:
- Contact the bank immediately to notify them of the dispute and request a hold on the account.
- File for probate as soon as possible to obtain legal authority over the estate.
Would you like more information on how to place a hold on the account or additional guidance on the probate process?
Yes please
To place a hold on the account and proceed with the probate process in Texas, follow these steps:
- Contact the Bank: Immediately inform the bank of the situation and request a hold on the account due to the pending probate.
- File for Probate: Submit the application for probate at the county court as soon as possible.
Would you like more details on the specific documents needed to file for probate?
Yes
To file for probate in Texas, you will need the following documents:
- Death Certificate: Obtain a certified copy of your mother's death certificate.
- Application for Probate: Complete and submit the probate application form.
- Proof of Identity: Provide identification documents.
- List of Heirs: Prepare a detailed list of your mother's heirs.
- Inventory of Assets: Create an inventory and appraisal of the estate's assets.
Would you like more information on how to obtain these documents?