Q: Hello I have a question if a parent got money from anotherparent who is deceased and now that parent is deceased also
Yes and if the other parent passed also but there is money involved and a child has been taken care of the parent and has leagal papers but everything is frozen what do I need to do
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- Texas
- (972) 467-3960
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- Answered
A: If you are a child or heir of the parent that most recently died you would need to hire an attorney to file application to determine heirs ( if died without a will) Most Texas courts take the approach that you must use an attorney. Since you mentioned accounts frozen the order issued at this hearing will require the bank to release funds to the administrator. If there is only one heir the once final debts (tuner, etc) you can distribute the proceeds to the heirs as confirmed during probate. Look for a probate attorney where the most recent parent died.
A:
It depends upon the facts of your particular situation. Money in a bank account cannot withdrawn by anyone other than the account holder unless that person is designated as the POD (pay on death) of the account holder or is the personal representative of the estate of the account holder or is determined by a court to be the heir of the account holder.
It is common for spouses to designate one another as the POD on their bank accounts. If one spouse dies, sometimes the account holder forgets to change the designation to someone else. So, sometimes, it it necessary to prove that both the account holder and the person designated as POD are both dead.
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