Thursday, 7 August 2014

My mother passed away. Her husband claims she did not have a will. She has a mutual fund that he is trying to get access to. He says his law...

Question

My mother passed away. Her husband claims she did not have a will. She has a mutual fund that he is trying to get access to. He says his lawyer told him I have to sign some documents and basically say I don't want the money in order for him to get to it. He says once I do that he will cash it in and split it 50/50. He says if we don't do it this way then we will have to go though a lengthy and expensive court battle to get access to the money. Is all of this true?



Answer

Get your own lawyer. You would have to have someone first find out if there is a beneficiary designation, and then see when the account was opened, and finally what your stepdad's lawyer wants you to sign.

Probate in Texas isn't typically a lengthy court battle, if everyone is in agreement how to proceed.

Get your own lawyer.

Dave

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