Legal Question in Wills and Trusts in Texas

My name is Jessica Elliott, born and raised in Dallas, Texas. From the age of 3 yrs old, I was raised by my grandparents from my mother's side. They tried to legally adopt me through the years but could never maintain contact with my father. I carried their last name all my life, even had a social security card in that name & all school records. When I discovered my real last name at about 16 years old I legally changed my last name to their last name. 8 years ago, at the age of 26 yrs old, my grandmother passed away after a long illness. 2 years before the her death she went to her lawyer and made sure her will was all in check and that along with her other 4 daughters that I was to be treated as the 5th daughter and all was to be divided equally among all 5 of us girls with her cash assets and her personal belongings, home , and vehicle were to remain with my grandfather, her husband. Her cash value was 1 million, when divided 5 ways would give me $200,000. Around 6 months before her death her Alzheimer's was severe and her emphysema was severe also. My grandfather had her sign a paper stating that everything she had was to go to him and then when he died all would be combined and then divided among the original 4 daughters. This left me completely out and that was his whole purpose in doing so. We had a falling out previous before her illness, when he went with my grandmother to organize her last will and testament and found that she wanted me equal as her daughter he did not approve of her wishes. There are no clues as to where the original will is. He has the piece of paper with her signature signing over all to him at which time she was not of sound mind. She was in Arlington Memorial Hospital strapped in a bed to keep her from escaping and her Alzheimer's was very bad. She did not know where she was at and there are more than enough records to show this. A couple of months after her death, his oldest daughter went with him to have a new will written up for him. He was advised at the time that this will would not hold valid, it doesn't even mention his wife's property. It is as though she never existed and then again at times it is like she never died because there were several accounts he held open of hers for some time. Do I have any rights and can he get away with this? The jealousy is tremendous with the other daughters and I am sure that one of them knows all about what he has done but has gone along with it to make sure I do not receive a single penny. I used to receive monthly money and was supposed to be taken care of when she passed and now it as though I was completely disowned. I would appreciate any advice as to what my rights are, any steps I could take to get down to some truth of the matter, has it been too long to even do anything about this, or if there has been any legal wrong doing on my grandfathers part. Thank you for time and I look forward to hearing back from you.

Sincerely,

Jessica Elliott


Asked on 10/24/11, 2:45 pm

2 Answers from Attorneys
Brian Thomas Burdette & Rice PLLC

Jessica:

That's quite a sad story, and I'm truly sorry for your loss. To be perfectly honest, the fact that 8 years have passed since your grandmother's death does not bode well for you. I'll assume that there's a perfectly good reason as to why you might have waited for so long to bring these issues to light, but a lapse in time like that could certainly prove fatal to your case.

At the same time, you raise some very interesting issues that probably bear a little further discussion with a probate litigator. First, having your grandmother "sign a paper" and influencing her to execute a new Will altogether could be two very different things. Your grandmother either died with a Will or without one, and knowing the difference is of critical importance. Even then, the efficacy of the Will that you would prefer is highly questionable, given the length of time that has lapsed since your grandmother passed away.

Bottom line: Although you've done a tremendous job of recounting much of this story, there are many elements that you've not included which any attorney would need to know. Your rights, if any remain, are diminishing each day that you don't have an advocate on your side. I would strongly encourage you to visit with a probate litigator (not just a probate attorney) near you. If you'd like, I would be willing to spend some time with you on the phone to discuss things. I charge nothing for consultations like this, and you can reach me at your convenience by e-mail at [email protected], or by phone at (972) 808-6977.

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Answered on 10/24/11, 3:25 pm
Bob Leonard Bob Leonard Law Group, PLLC

Unfortunately Brian is right. Some other things that you need to know are:

It is very difficult to probate a will or create an administration of an estate after four years.

If a will cannot be located, it is presumed to be revoked.

In most cases, it is an expensive battle to prove either incapacity to execute a will or undue influence in signing one.

There is a legal theory, called laches, that will deny relief if you wait too long to bring a lawsuit. This is different from a statute of limitations, but has much the same effect.

I am sorry that you are in this situation; perhaps Brian can help you, but please realize that a long wait to do something if often deadly to a case.

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Answered on 10/25/11, 7:59 am


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