Q: mother passed. she made a will and had it notarized. Is it a valid will. Do I have to probate the will.
She left me money on a reloadable money card. Bank institution giving me a difficult time in receiving the money. She stated in will. I leave all money on xxx card to my son. There's an executress of the will. She wrote an affidavit letter giving me right to the card. What is the legal process in receiving the money. Don't want to go probate.
A:
If you are in Texas, a will must be admitted to probate, meaning you have to go to Court, before it is even recognized as valid and the same is true of an executor. An executor cannot just start acting according to terms of the will until approved and appointed by the Court.
This is the exact reason estate planning is so important. Bank accounts, life insurance, and other assets that allow you to name a beneficiary other than your "estate" all pass to the beneficiary without the need/expense for probate.
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