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How to get funds from a bank?

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jspearman

Junior Member
What is the name of your state? TX

My mother-in-law died without a will. She has a checking and saving account that were set up as single party accounts with NO payable on death. The bank is giving us a lot of grief over getting this money. We need to use the money to pay for the funeral. In the state of Texas the first to be paid from estate funds is the funeral home. We do not want to go through probate because of her massive debts and judgements. Needless to say, her debts far exceed her assets. I believe we need to do an affidavit of heirship - but must we include in this affadavit a statment regarding her debts and do we need to include some sort of release to the bank? I have found an old affidavit of heirship and release that was filed in the court house in the 70's. I just need to know what document needs to be prepared. We cannot afford an attorney.

Thanks for any advice!:)
 


seniorjudge

Senior Member
What is the name of your state? TX

My mother-in-law died without a will. She has a checking and saving account that were set up as single party accounts with NO payable on death. The bank is giving us a lot of grief over getting this money. We need to use the money to pay for the funeral. In the state of Texas the first to be paid from estate funds is the funeral home. We do not want to go through probate because of her massive debts and judgements. Needless to say, her debts far exceed her assets. I believe we need to do an affidavit of heirship - but must we include in this affadavit a statment regarding her debts and do we need to include some sort of release to the bank? I have found an old affidavit of heirship and release that was filed in the court house in the 70's. I just need to know what document needs to be prepared. We cannot afford an attorney.

Thanks for any advice!:)

I hope a kindly probate clerk would help you. Ask the clerk to show you a recent small estates proceeding.

There is such a thing in Texas:

http://www.texasprobate.com/forms/index.htm#Small Estate Proceeding

I am in no way, shape, or form vouching for that site since I do not know who is sponsoring it.

There are also self-help docs by the ton:

http://www.amazon.com/How-Probate-Estate-Texas-Self-Help/dp/1570714185

Again, I know nothing about these.
 

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