Q: Can we use an Heirship for Title to dad's car and Muniment of Title (foriegn will) to access the bank account?
Dad had an Ohio trust and I'm trustee. No problem with anything inside the trust. However, his car, which was in the trust, was re-titled in Tx when he went to live with my brother after an illness. He requested, just before his death, that the car go to my brother and sis in law as they were his caregivers for 2.5 years, but I'm not sure how to do that since It's not in trust.
He also had a bank account in TX outside the trust, as it was his "gambling" money and he didn't want anyone to know how much was in it. Eventually he did put me on as POA, but that died with death and I didn't think to tell him that he should put me as a beneficiary on the account. Can we file a Muniment of title in this case? It's myself and my two brothers and we are all on the same page, though not all in the same state. I am in Arkansas, and brothers are in Texas about 3 hours apart.
A:
In Texas an estate can be probated as a Muniment of Title if there are no debts not secured by real estate. Is there a car loan?
Please also check to see whether the Trust was a Revocable Living Trust. These should be accompanied by a "Pour Over" Will which pours everything which was not in the trust at death into the trust. That Will should have "poured over" the car and the Texas bank account into the Trust. It should have been probated.
A Will should also have been probated if it created the Trust (a "Testamentary Trust").
A: In addition, by "Heirship" I assume that you mean an Affidavit of Heirship. You might be able to use this but you need to answer the other questions first.
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