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Mother died, no will, didn't know to set as me the beneficiary.

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LunarEmerald

Junior Member
She has a saving account with $23,000 in it and was certain I would be able to use it after her death. Because after her mom passed away a few years ago, the money went to her. She assumed it would go to me too. It didn't. We went to the bank and there was no way for access the account or money because she never knew to set me as the beneficiary and the account wasn't shared. She knew nothing about these kind of matters, and as a result, all the money she left me is stuck there and I can't use any of it.

I'm 28 years old and her only child. She does have a husband but he a high stage of diabetes and is unable to drive or take care of himself. His mental condition is bad. Mom told me herself many times that she wanted me to have the savings and was confident it would go to me. But there's no way for me to prove this.

We live in Texas but because of the situation, I will be forced to move to Missouri soon. Any help would be greatly appreciated. It saddens me that everything turned out this way.
 


Zigner

Senior Member, Non-Attorney
Your mom's husband is entitled to 1/3 of the money. You are entitled to the rest. This is, of course, assuming that the money in the account always remained separate.

If there is anything that she owned as community property with her spouse, then you are entitled to half of that, with her husband getting the remainder.
 

LunarEmerald

Junior Member
Your mom's husband is entitled to 1/3 of the money. You are entitled to the rest. This is, of course, assuming that the money in the account always remained separate.

If there is anything that she owned as community property with her spouse, then you are entitled to half of that, with her husband getting the remainder.
How would I go about claiming any of the money? Right now the account is frozen.
 

Silverplum

Senior Member
She has a saving account with $23,000 in it and was certain I would be able to use it after her death. Because after her mom passed away a few years ago, the money went to her. She assumed it would go to me too. It didn't. We went to the bank and there was no way for access the account or money because she never knew to set me as the beneficiary and the account wasn't shared. She knew nothing about these kind of matters, and as a result, all the money she left me is stuck there and I can't use any of it.

I'm 28 years old and her only child. She does have a husband but he a high stage of diabetes and is unable to drive or take care of himself. His mental condition is bad. Mom told me herself many times that she wanted me to have the savings and was confident it would go to me. But there's no way for me to prove this.

We live in Texas but because of the situation, I will be forced to move to Missouri soon. Any help would be greatly appreciated. It saddens me that everything turned out this way.
A simple phone call to her bank would have told Mom how to handle the account. :(

You can see how, without legal instructions, the bank has no other legal option than to await your action of opening probate.
 

justalayman

Senior Member
Mom told me herself many times that she wanted me to have the savings and was confident it would go to me. But there's no way for me to prove this.
even if you could it would not change anything. Without a will or some designation on the account such as a "pay on death (POD) or transfer on death (TOD) or any other provision similar that might be used in Texas, your mothers estate must be disbursed as the laws of Texas controlling intestate succession control.
Then, because there was no beneficiary designation, probate must be used to access and disburse the funds.

Along with your mother's husband being entitled to a share of the money, you need to understand before any heirs receive money, estate debts must be considered and most likely paid.



We live in Texas but because of the situation, I will be forced to move to Missouri soon. Any help would be greatly appreciated. It saddens me that everything turned out this way
It happens to a lot of people. People should not take anything for granted when it comes to their estate after they die. You verify it will be disbursed as you desire by taking an active roll and taking the steps required to ensure that.
 

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