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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 42162
Experience:  Texas lawyer for 30 years in Estate law
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My mother past away last week and I am the sole beneficiary

Customer Question

My mother past away last week and I am the sole beneficiary of her estate and executor. Am I allowed to liquidate a stock position in her account but I will not close the account yet. Also the county requires thirty days before I file the small state affidavit. Does this mean I cannot send the brokerage a copy of the death certificate or do I have to wait until the small state affidavit is filed?
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.
Hi and welcome to JA. Ray here to help you today. If you are named as a beneficiary or right of survivorship then this asset passes to you by contract rather than by will and you can do anything you want with it. If not here you need a local probate lawyer to make application to probate the will and be named personal representative( this is the new name for an executor).In Texas once appointed you get letters testatmentary and with those in hand can do anything necessary to administer the estate including liquidating stock or real estate, and depositing funds in an estate account. So check with the entity holding the account to see if you were named as beneficiary or right of survivorship.If none you will have to file will for probate and be court appointed as personal representative under Texas Estate Code.
Expert:  RayAnswers replied 1 year ago.
Reference to the process Probate lawyer for you. I appreciate the chance to help you today.
Expert:  RayAnswers replied 1 year ago.
If you can positive rate when we are done it is always much appreciated. Thanks again.