How do I go about trying to get a letter of testiminary??

These comments are made for educational purposes only and do not constitute legal advice. No attorney-client relationship exists between us.

You really need to address all these issues to recover what belongs to you and/or your child. You also need to consider filing for Social Security benefits for the child. You need a probate attorney. I recommend Howard Reiner (713) 963-8004

Whether there was a will or not, you still need to file an application to probate his estate. Since there was no beneficiary on his accounts, you need to obtain letters from the court indicating that you have the authority to withdraw the funds. Since his daughter is a minor, the court will probably require a trust be established to maintain the funds until she reaches 18.

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All of these issues can be handled by a probate attorney.

This post is made for educational purposes only and does not create an attorney-client relationship between us.

First, please let me say I'm sorry for your loss. Sometimes the law seems to add "insult to injury" with all the red-tape you are now having to endure to provide for you and your baby.

One of the challenges you face, whether or not you had a will, is understanding the purpose of letters testamentary and all the additional paperwork the bank and government require of you. In a nutshell it boils down to this, with the passing of your husband, he is no longer here to sign the necessary paperwork to give you and your daughter his assets; for example, if he owned real estate with you, he needs to sign a deed conveying it to you; if he had bank accounts, he needs to sign them over to you and your daughter, etc.

To make the banks, retirement plan administrators, and title companies feel safe in transferring property from your husband's name to the names of you and your daughter, they need assurance that they are transferring these properties to a person with proper authority. Here, the Letters Testamentary are letters given by a court that handles probate matters to the executor of an estate (the person named by the deceased under his or her will) or the administrator of an estate (the person the court names to manage the affairs of the deceased). Instead of Letters Testamentary, a person named by a court as an administrator are receives Letters of Administration.

In summary, you would do well to visit with a probate attorney who can help you obtain the necessary court approval to recover those assets of your husband that will be necessary to provide for you and your daughter. You are welcome to call me, or, for a non-biased recommendation, feel free to contact the Houston Lawyers Referral Service, which is operated by the Bar. They can be reached at www.hlrs.org.

Best of luck,