Q: My mother passed away and we had CD's in both of our names. However, the bank is asking for a Letter of Administration
In order for me to cash out the CD's I need a letter of Administration before I can do this. I was told by Fort Bend County Clerk that I need a lawyer to process the papers for me. Can you tell me how this works. I do not need representation right I just need the papers to file with the county clerk and then I can cash in my CD's once presented to the bank. The bank said we did not check the sole survivorship box so therefore this is why I need the letter. Please advise.
A:
No, you DO need representation. If you don't know how to do this yourself and you need help, whoever is going to help will be representing you. If you can figure this out on your own, then yes, you don't need representation, but you also don't need the guidance of someone on this forum either.
Seriously, there are a lot of things going on here, and without actually SEEING the documentation and title of the account, it is impossible to know what to file with the court. This may be a 'small estate' situation where document A is appropriate or something else that would require document B. The BANK may be mistaken on what is actually needed and you can get by with something simpler, or simply wait for the CD to mature and take the proceeds then. Without seeing, it is impossible to know what is appropriate!
I would urge you to consult with a LOCAL estate planning / probate attorney to review things and THEN determine what needs to be done. If indeed it is 'simple' it won't cost a lot to have that done, but without seeing everything it is impossible to provide any real advice.
--This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship. I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice!
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