Legal Question in Wills and Trusts in Texas
Dad passed, everything in Trust - how would I know if anything was left to me?
I have not kept a close relationship with my parents or brothers since 1889. 4 years ago, I reached out & called my parents about every month or so. My dad was terminally ill. I asked my mother to let me know when it would be convenient to visit him. Apparently, a convenient time never came, 3 years of asking & waiting passed. Last July, my oldest son called me crying - explained to me that 'grandma wouldn't tell me when, just that he died' I was shocked, to say the least. Actually, I was speechless - I had talked with my mother about 3 weeks earlier and she made no mention of his passing! I went to the internet and did a search... sure 'nuf, he passed May 28th! and my sister in law passed tragically 2 weeks later!! I was speechless and did not/could not call my family. Finally, I called my mother last week. She spoke in cold short answers to my inquiry as to how she was, asked about my brother, etc After a couple minutes, she started asking me loudly, ''What do you want? What do you want?'''' & finally she said she was busy and hung up. I was careful to be polite and kind in my words and tone. Could I have inherited something and she be keeping it from me? They had a trust set up. She withheld inheritance in past.
1 Answer from Attorneys
Re: Dad passed, everything in Trust - how would I know if anything was left to me?
Your story is indeed a sad one. The conduct of your mother is more of what frequently happens between stepmothers and stepdaughters, but not blood relatives. Although not a comment of legal advice, children who find themselves in your situation should not wait until they are told that the "time is convenient" or "until they are specifically invited." There comes a time when you should show up, and make an attempt to make a reconciliation, even if not successful.
The scenario that you describe does not suggest that you are being rebuffed to hide an inheritance, but perhaps could be. A will has no legal effect at all until it is filed with the county clerk with an application to probate and until and the judge signs an order admitting the will to probate. There is the possibility that someone may be holding out a will, but that does not sound likely.
Hopefully, the local newspaper in the county where your father lived reports court actions. You can subscribe and be on the lookout for a probate action. If not, perhaps you have a friend who can look in on the court filings periodically. The general rule is that a will must be probated within four years, or it cannot be admitted to probate.
If there is a significant amount of property involved, you should contact a local lawyer about your situation. Also, he can check local records for you, and write necessary letters which you probably will not have the courage to write yourself.
Good Luck!
P.S. Surely you meant 1989 rather than 1889.
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