Legal Question in Wills and Trusts in Texas
Contents of a will
My great grandmother passed away and I believe that myself and my two brothers are entitled to a share of the properties/trust funds/ etc. My problem is that our grandmother and aunt are the ones who are probating the will and frankly neither of them can be trusted. I found the record of the will being probated but I can't make any sense of it. The case type is listed as ISSUANCE OF LETTERS and the status is FILED. The orders of the court are as follows.
Events and Orders of the Court
04/23/2008 PUBLISHER'S AFFIDAVIT
03/18/2008 INVENTORY/SEC.250 Due 06/16/2008
03/18/2008 LETTERS TESTAMENTARY
03/18/2008 COURT INSTRUCTIONS
03/18/2008 COURT INSTRUCTIONS
03/18/2008 OATH
03/18/2008 OATH
03/18/2008 TESTIMONY
03/18/2008 TESTIMONY
03/18/2008 ORDER PROBATING WILL FOR LETTERS TESTAMENTARY
03/18/2008 AFFIDAVIT
03/18/2008 AFFIDAVIT
03/18/2008 PROOF
03/18/2008 PROOF
02/28/2008 AMENDED APPLICATION
02/18/2008 CITATION BY POSTING
02/04/2008 CODICIL
02/04/2008 LAST WILL AND TESTAMENT
02/04/2008 APPLICATION FOR LETTER TESTAMENTARY
I just want to know if her estate has been divided up already, or if the enititled recipients have yet to receive their respective portions.
2 Answers from Attorneys
Re: Contents of a will
No inventory has yet been filed, so the estate has probably not yet been divided. You will need to keep careful watch to see when the Inventory is filed (it's due on June 18, 2008), and if you think that some assets are missing, then you will have to file something with the court before the court approves the Inventory.
You should obtain copies of the probate documents so you can see what you will inherit, if anything. If you are not inheriting anything from your great grandmother, then I'm not sure what your interest is. If you are supposed to inherit something, then you should keep close watch so that you can object at the right time, before it's too late, if you can tell that the executors are doing something wrong.
Re: Contents of a will
The first thing you need to do is to go to the courthouse and read your great-grandmother's Will. It will tell you whether you are an heir. If you are an heir, the next thing you need to do is decide how much you are willing to spend on this because you are going to need to hire an attorney if you really think your aunt and grandmother may not follow the terms of the Will.
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