Legal Question in Wills and Trusts in Texas
My Grandmother passed away around 4 years ago and I think I was supposed to receive something that wasn't given to me. I have asked my Aunt to send a copy of the will, but she seems to be reluctant to do so, her husband was the executor of the estate. She also said the will didn't go through probate, but I beleve it was a sizeable estate. Should it have gone through probate and what rights do I have as far as receiving a copy of the will?
2 Answers from Attorneys
If it hasn't been four years, then you can petition the probate court to have your uncle appear in court, with the will in hand. He can then explain to the judge why the will wasn't probated.
The "4 years ago" is critical. If LESS than four years have passed, you can petition the court to probate the will and start an administration of the estate that will clear this up. After four years, you cannot usually do either, but you can ask the court to determine heirship to see what you inherit without a will. Chapter 75 of the Probate Code provides a powerful tool for getting the other parties to turn over Wills and other documents. You should see an attorney right away.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
