Heirship affidavit

My dad died about 3 years ago and was recently informed that some money was left and is still currently in the bank in which his former wife wasn’t aware of the account he had which came from an settlement from my understanding. The bank teller informed me that I need and heirship affidavit but I have no contact with the wife. Does she have to be involved?

Asked on January 10, 2018 under Estate Planning, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If you mean "former wife" in that she is the widow, then she does need to be involved in the process and also sign an affidavit of heirship.
If you mean "ex-wife" and that she divorced him before he died....and there is no question that the funds were your dad's because the funds were his after the divorce, then you do not need to involve her.
If you are not sure whether the funds were awarded to your dad by the divorce, then you need to visit with an attorney to help you determine if the ownership of the funds were in fact resolved by the divorce decree.


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