Legal Question in Wills and Trusts in Texas
My father passed away in San Antonio, Texas in Jan. He disinherited my 2 adult, older brothers, leaving them each $100. Their children, all adults, are to receive each of my brothers' third instead. They (my brothers) have not returned the form I sent them (to have notorized) saying it's okay to go to probate. They have no reason not to return them except out of spite since my father disinherited them...a great shock to both. One brother had not spoken to my father in over 12 years at the time of my father's death, the other one, several years. Do I have to get an attorney to force them to either sign these forms or try to break the will? Neither has the means at all to pursue the later option. Is there anything I can do besides sending a certified letter with the same document inside? The estate is valued at approximately $70,000 total, to be divided into thirds. I will receive a third, one niece of one of my brothers will receive a third, and 4 nieces (children of my other brother), will split the other third.
1 Answer from Attorneys
You can file an application for probate and just serve copies on the disinherited family members. You probably should get a letter (a lawyer is required in Dallas County.)
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