Houston, TX asked in Family Law, Estate Planning and Probate for Texas

Q: If someone died suddenly with no will how does the heir find out who was Trustee or where can it be found

Can a company legally keep all important information about Benefits, deferred compensation retirement agreement from the widow he had been married to and still together when he was suddenly killed in an accident. Is it legal for the Company to hide investment accounts, employment agreement everything about the employee? If It's not who is best to contact. Thank you

1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: Depending on the facts and circumstances, it is probably not legal for a company to hide the deceased employee’s private documents concerning such matters from his widow. It is more typical for an employer to release the employee’s personal effects and documents which the employee may have kept at his workplace to his next of kin. The employer of course isn’t required to turn over its own records and can go through the deceased employee’s office or workspace to separate out the company’s records from the employee’s personal records.

As far as who a trustee may be, the written instrument creating the trust should identify the trustee and any alternate trustee. The name of the trustee may be listed on other documents as well, for example property tax records of real estate held in trust or bank statements for money held in a trust account.

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