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Attorney2
Attorney2, Attorney
Category: Estate Law
Satisfied Customers: 6351
Experience:  29 Years in General Practice and Estate Planning
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My father passed away in November 13 but had no will or

Customer Question

My father passed away in November 13 but had no will or benaficiarys for the bank account and I already have a affidavit of heirship but the bank are saying that the affidavit of heirship isn't good enough because it's over $1000
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: Tx and I'm dealing with Wells fargo
JA: What documents or supporting evidence do you have?
Customer: I have the death certificates and the affidavit of heirship
JA: Anything else you want the lawyer to know before I connect you?
Customer: Well the bank rep said that a letter of testamentary would be good enough but I thought you had to have a will with that
Submitted: 3 months ago.
Category: Estate Law
Customer: replied 3 months ago.
Am I still waiting
Customer: replied 3 months ago.
I just think that it's a waisted money if I have to do a full probate when the texas state comptroller requires less money but the bank can hold and use my father's money up to 3 to 5 yrs
Expert:  Attorney2 replied 3 months ago.

Welcome and thank you for your question.

Customer: replied 3 months ago.
I mean less paperwork
Customer: replied 3 months ago.
Email is fine
Expert:  Attorney2 replied 3 months ago.

Just ignore the telephone call prompt. I am happy to continue in this format at no additional charge.

Customer: replied 3 months ago.
I'm ready for my answer
Expert:  Attorney2 replied 3 months ago.

If this is all the assets that your father had this would be a small estate. Were there other assets?

Customer: replied 3 months ago.
You already have $46
Customer: replied 3 months ago.
No not really
Expert:  Attorney2 replied 3 months ago.

I am not generating the request, The site does this automatically. As I stated it would be my pleasure to continue at no extra charge regardless of what you receive from the site asking for money. Please just ignore the additional services requests.

Customer: replied 3 months ago.
I'm trying to make this as cheap as possible won't a small estate cost more won't the letter of testamentary do
Customer: replied 3 months ago.
It's like the bank is acting like it's their money
Customer: replied 3 months ago.
are you asking me for my phone number(###) ###-####
Customer: replied 3 months ago.
My phone is about to die
Customer: replied 3 months ago.
30% left
Expert:  Attorney2 replied 3 months ago.

As I stated please ignore the phone call request. It would be my pleasure to continue in this format at no additional charge.

Customer: replied 3 months ago.
Well Im ignoring it but you ain't saying anything
Expert:  Attorney2 replied 3 months ago.

Every time you post a response the site kicks out my response. Thank you for your patience.

The Bank does not have to accept the affidavit of heirship and can require Letters Testamentary which would be provided by the probate court clerk.

Customer: replied 3 months ago.
Ok so the letter of testamentary if used doesn't that require a will from my father which he never had to shoe to the court?
Customer: replied 3 months ago.
Show
Customer: replied 3 months ago.
basically I should try the letter of testamentary. What if the bank ask for a judgement or order declaring heirship
Customer: replied 3 months ago.
Because the bank ain't really telling what they want and the ones they are asking for cost thousands of dollars.
Expert:  Attorney2 replied 3 months ago.
that is what they want and they are entitled to ask for them. I am sorry I know that was not the answer you hoping to receive. Please don't shoot the messenger. You would speak to the probate clerk in the county where your father resided at the time of his death.
Expert:  Attorney2 replied 3 months ago.
If they come back for any other documents aside from letters we can report the bank.
Expert:  Attorney2 replied 3 months ago.

Each Financial Institution must set out their requirements. For example this is Bank of America's requirements

https://www.bankofamerica.com/help/help-when-a-customer-passes-away.go

If the bank fails to provide you with their requirements you would contact the State at http://www.dob.texas.gov/laws-regulations

If you can give me the name of the Bank I would be happy to check the requirements, if any are provided.

Thank you for using JA. If you would be kind enough to rate my service positively so I will receive credit for my work I would appreciate it. Sorry for the site delays and requests for additional payment.

Customer: replied 3 months ago.
Wells Fargo texas
Expert:  Attorney2 replied 3 months ago.

Is that the county?

Customer: replied 3 months ago.
Wells Fargo Bank in ft worth texas
Expert:  Attorney2 replied 3 months ago.

Perfect. I thought so but did not want to assume. Let me see if I can pull up that location or the corporate policy.

Expert:  Attorney2 replied 3 months ago.

Because there was no other person named on the account and your father did not set up a POD (payable on death to) the legal requirement is for the beneficiary to provide Letters Testamentary. They could ave accepted the small estate affidavit, however they are not required to.

If you have any issue with Wells Fargo after obtaining the letters you would contact the Texas Department of Banking at http://www.dob.texas.gov/

Expert:  Attorney2 replied 3 months ago.

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. If you would be kind enough to rate my service positively so I will receive credit for my work I would appreciate it.

I believe I have answered your questions. The Attorneys on the site work with the customers in good faith as the only way we receive credit for our work is if the customer rates us positively. Thank you for your consideration.

The site does not credit the Attorneys unless the customer rates our service positively. Thank you for your consideration. Please me know if you were unhappy with my service and I will opt out for another Attorney to assist you.

Thank you for using JA! We appreciate your business.

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