Q: My husband needs help getting access to his dead father's bank accounts.
My father in law passed away in June 2020. My husband has presented all documentation to the bank within 2 weeks of his dad's passing. However, the bank keeps giving him the runaround. The bank won't provide any information as to any of his dad's accounts or when they will be released to my husband. My husband needs help.
A:
I can imagine that there could be one of two problems:
First, it could be that the bank requires "letters testamentary" or a "small estate affidavit." These can be required by the bank, and you can only get them by going to probate court. If your father in law had a will, you'll need to get a local probate attorney to handle probating the will for you. The good news is that Collin County is known for being one of the easiest and least expensive in the state for probate.
Second, it could be that the bankers don't know what they're talking about. This is actually all too common! Sometimes it's better to try a different branch. Worst case, a lawyer letter may get it done.
A: You do not write what "documentation" your husband presented. If the bank accounts were held Pay on Death ("POD") to your husband or Joint with Right of Survivorship ("JWROS") with him, a death certificate should suffice. Otherwise, someone will have to submit his father's Will to probate (proving) or, if there is no Will, submit either a Small Estate Affidavit or an Application for Determination of Heirship. Please ask your husband to consult with a probate attorney in the county in which his father died.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
