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Release Of Beneficary Information

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  • 02-10-2008, 07:20 PM
    whocanhelp
    Release Of Beneficary Information
    My mother in law passed away in Texas in Jan 08. She had no will. No life insurance that we can locate. She has no real estate. She does however have 5 savings, investments, iras, cd that we have located. 2 of them we were able to get the beneficiary information no problem. The other 3 the companies will not release the beneficiary information without a death certificate (easy) and either a letter of testamentary or a small estate affidavit. From my research I have found these are given when the estate goes through probate. Why do these account need to go through probate if they have beneficiaries ? What are our right to the beneficiary information ?
  • 02-10-2008, 08:14 PM
    jk
    Re: Release Of Beneficary Information
    Quote:

    What are our right to the beneficiary information ?
    None without fulfilling the requirements they have asked for unless you are the beneficiary. Actually, since they do pass outside of probate or administration, you have no true right to know who the bene is anyway, unless you are the bene.

    a little bit of info on small estates in Texas

    http://www.texasbar.com/Template.cfm...entDisplay.cfm
  • 02-10-2008, 09:26 PM
    whocanhelp
    Re: Release Of Beneficary Information
    The companies advised they would not release the information and did not ask names. My husband was beneficiary on other accounts. If he called the companies himself and advised his name and that he was checking to see if he was beneficiary they would have to confirm or deny ? They are still saying they want the documents in the about post before they will release any information ?! There is only 3 people involved. Spouse-stepfather, and 2 kids, 41 and 47. So it has to be one of the 3 or a combination.
  • 02-11-2008, 09:40 AM
    jk
    Re: Release Of Beneficary Information
    actually, no it doesn't. It could be the animal shelter, Pres. Bush or even me.

    If you really want to know and they have stated they will release it to somebody if the death cert and the small admin letter, why don;t you simply file the small admin proceedings and be done with it.
  • 02-11-2008, 10:40 AM
    whocanhelp
    Re: Release Of Beneficary Information
    Thanks for the information. We will look into that. I guess I always thought that you were all set if you had a beneficiary on your accounts. Guess not.
  • 02-11-2008, 03:04 PM
    jk
    Re: Release Of Beneficary Information
    Quote:

    Quoting whocanhelp
    View Post
    Thanks for the information. We will look into that. I guess I always thought that you were all set if you had a beneficiary on your accounts. Guess not.

    How do you know the holder of the accounts is not taking care of paying the bene as we speak?
  • 02-11-2008, 04:45 PM
    whocanhelp
    Re: Release Of Beneficary Information
    Because when we spoke with them, they would not take a death certificate until they got the letters of testmentary or the small estate affidv.

    I do have another question. So if we do the Small Estate Affidv. Then all accounts are distributed based on the beneificary information. That can not and will not change right ? And is a Small Estate Affidv probate or is it and alternative to probate ? And what time frame does it take ?
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