Bronte, TX Estate Planning Law Firms & Lawyers

I would give them the Death Certificate as well. The bank is probably just following their internal procedures. While your lawyer is not wrong, it is going to be easier to just give the bank what it wants that to try to fight them on this. If it was something more expensive or complicated, I might challenge them. In this case, I would just give it to them. Perhaps they can make a copy of the original and give it back to you.

Until a couple is granted a divorce by a court, they are considered married. So your stepmother was still your father's wife at the time of his death. Many states allow a surviving spouse some part of the estate (what used to be called the widow's portion) but it's certainly not 50%. If the will is valid, it's unlikely that your stepmother can claim anything beyond what state statute allows.

I don't think there's a cut-and-dry answer to your question, especially without more information. As the mother of his children, it's saddening that he is being secretive with regard to the trust. If the children are minors, as their legal guardian, you may be able to demand an accounting of the trust on your children's behalf. However, some trusts are written in such a way that the trustee does not have to provide an accounting at the beneficiaries' request. It just depends on the wording of the trust. I think you'll have a particularly difficult time if the trust is a Revocable Trust. If you think action needs to be taken to protect the rights of the children under the trust, then you should contact an attorney in your area to see if you can get some movement.