Slaton, TX Estate Planning Law Firms & Lawyers

It depends on the signature card of the account. If the account is Joint Tenancy with Rights of Survivorship (JTWROS) or Payable on Death (POD) or Transfer on Death (TOD) or has a beneficiary designation, then a death certificate should suffice. In all other cases, an order from the probate court or letters testamentary / administration would be needed. In most cases, it's just easier to give the bank what they want for their internal bookkeeping purposes (in this case a death certificate) versus trying to explain to their staff why they don't need it.

The terms of your mother's will determine you and your brother's rights, obligations, and duties with regard to settling her estate and the division of her property. If your mother is still mentally capable of doing so, it is a good idea to talk to her about these issues now while she is still alive. The division of her personal property in the home is something that she could do while living, and it would be up to her to include or exclude her husband from the process. It sounds as though your mother is quite ill, so this may not be possible. If you have a copy of your mother's will, it may be a good idea to take it to a local attorney who is knowledgeable about probate law to discuss your concerns.

Your friend, not you, should ask questions.  The basic question is whether the trust agreement is valid.  The follow up question is a request for an explanation of its terms.  Further questions depend on the answers to these and on the current situation.