How do you determine who inherits under a Will?

UPDATED: Jul 18, 2014

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How do you determine who inherits under a Will?

My stepfather passed away with a Will June 21st; my mother passed away July 6th. The Will states that if she passes within 60 days, it is as if she predecessed him. He has 3 children. My mother has no Will. They have 2 checking and 2 savings accounts that are in both names. Do the checking accounts follow the Will or do they belong to the last to pass?

Asked on July 18, 2014 under Estate Planning, Texas


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Check his will but those accounts should pass outside of the will. Meaning they should all go to her until July 6 and then to you. Contact the bank and present both death certificates So that you can have the funds transferred to you. 

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 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.

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