Mission, TX Estate Planning Law Firms & Lawyers

Give the Bank what they want. It is not worth fighting with them. Just calling your attorney has cost you more than the cost of the death certificate. Many institutions will require the death certificate.

Texas is a community property state, so once your father married your stepmother, the property and income they acquired became community property. Because your father died without a will, the Texas intestate succession laws apply. They determine who is entitled to what part of your dad's estate. Because he left behind a fairly large amount of property, it is necessary for his estate to go through the legal proceeding known as administration. Please make sure to consult with an attorney who is experienced in this type of law. Your step mother's 401k belongs to her. It will be up to her to determine who should inherit it because from your question it appears she is still alive. If she writes a will, that will determine who is entitled to her 401k and retirement accounts.

If the will was probated, then it's a public record and you can obtain a copy by going to the courthouse (either in person or on the courthouse's website). If the will has not been probated, but you know who has the original will, you can petition the court to force the person who has the will to provide it to the county clerk. You can then file for probate yourself.