Obtaining the decedent’s bank and mortgage company information can be particularly challenging. The decedent’s bank and financial institutions generally do not share the decedent’s banking information with anyone other than the decedent. This can make it difficult to pay for the decedent’s last affairs and, where there are no other assets, to determine whether probate administration is even necessary.
Texas law provides a means for interested persons to get access to the decedent’s bank information. The term “interested person” means a heir, spouse, creditor, or other person with a property right in or claim against a decedent’s estate.
The interested person can apply to the court for an order requiring a financial institution to release to the person named in the order information concerning the balance of the decedent’s bank accounts if:
It should be noted that this remedy is not available for an account with a beneficiary designation, a payable on death account, a trust account, or an account that provides for a right of survivorship.
Like obtaining information from the decedent’s bank, it can also be difficult to obtain information from mortgage companies. Texas law allows a surviving spouse access to the decedent’s mortgage information.
The surviving spouse is entitled to the information the decedent would have received in a standard monthly statement, including:
The surviving spouse is entitled to this information within 30 days of making a request directly to the mortgage servicer. The request has to include:
The request from the surviving spouse must also include a notice to the mortgage company and state in bold-faced, capital, or underlined letters: “THIS REQUEST IS MADE PURSUANT TO TEXAS FINANCE CODE SECTION 343.103. SUBSEQUENT DISCLOSURE OF INFORMATION IS NOT IN CONFLICT WITH THE GRAMM-LEACH-BLILEY ACT UNDER 15 U.S.C. SECTION 6802(e)(8).”
We’ll address how to access the decedent’s rental dwelling next. Click here to continue reading. >>>>
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