Brother died without a will

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Brother died without a will

Brother died without a will and
bank will not let me his sister
get his money.

Asked on July 21, 2018 under Estate Planning, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The death certificate does not prove you have a right to his money: he may have willed it to someone else; he may have a spouse or child who would inherit ahead of you if there is no will; there may be some executor or personal representative appointed by a court who has the legal authority over your brother's "estate" (the money, property, belongings, and other assets he left behind); etc. All the death certificate shows is that your brother died.
You need to go to the courts and apply to be appointed the estate's personal representative: if he had no will naming an excutor and no spouse or child applying for the role, you should be appointed. That will give you the legal authority to control his account and access it for certain proper purposes (to pay his final expenses or debts; to pay amounts, like a mortgage or taxes or car loan, required to preserve his belongings pending their distribution) pending distribution to heirs. Then you need to go through the probate process to have a legal determination of who will inherit from your brother (which may be you, but if it is or is not depends on what other relatives there are and if he had a will). Contact the clerk of the probate court to inquire about applying to be the personal representative and start the probate process.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption