Legal Question in Wills and Trusts in Texas
Heirs of Residuary Estate
My Uncle passed away 9/2005 and left a will that stated that all his surviving nieces and newphews were to split equally his residuary estate. We all live in New Jersey and the Executor of the will is his sister-in-law that lives in El Paso also where he lived. She has probated the will and taken care of selling of his property and her attorney has done the nesscesary things to get everything resolved with his estate like posting to see if there are any debtors that have claims on his estate etc.. We five to this day have heard nothing from anyone about the estate, we have contacted the attorney a few times and he has given us NO indication what the estate is worth. Are we suppose to know what it is worth? No one will give us an idea, they say it's not ethecal of them to disclose that. Or do we just have to wait for the final court ruling in a few weeks to see what checks she dispurse? Just wondering what to expect as heirs of this estate. Thank You.
5 Answers from Attorneys
Re: Heirs of Residuary Estate
The heirs to an estate are the one entitlede to
know everything about what the estate consists of.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Heirs of Residuary Estate
In Texas, the executor is required to file an inventory and appraisement. It is part of the probate file and an heir or attorney can go to the probate clerk (or county clerk) where the will is being probated to view the file. I would call the attorney and ask him or her to send a copy of the document to you.
Re: Heirs of Residuary Estate
You should not be told NOTHING. you may want to contact a Texas attorney.
Re: Heirs of Residuary Estate
The Executor must account to the heirs, in full detail. This can be compelled by action in the Surrogate's Court in Texas, and should be pursued if you are not getting complete information. I have a close friend in Austin, TX, who could assist you if you need local counsel.
Re: Heirs of Residuary Estate
In Texas the residuary estate is what may be left if none of the named heirs (devisees)is alive to take their portion, or they disclaim their portion. If only one named devisee takes, and none of the other devises lapse, there is no residuary estate.
Example: I give to my spouse, but if they don't survive me, I give to my children. But if they don't survive me and have no issue, then I give my residuary estate to...
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