Legal Question in Wills and Trusts in Texas

Hello,

Both of my parents died around 7 years ago (6 weeks apart), but I never received a copy of a will for either of them. I have now been told by another family member that there may have been an improper distribution of the assets. My brother was the executor of their estates. I have asked him and he said that there were no wills for either of them and he tried to make a copy of my Dad's will, but he passed before he could do this. Is a copy of a will required and does an estate have to go through probate if there is no will...or go through some legal proceeding? I can find no record of anything through the courts. What is my recourse? Thank you.


Asked on 12/22/09, 10:41 am

1 Answer from Attorneys
Donald McLeaish McLeaish&Associates;, P.C.

If there was property of any kind..ie bank accounts/stocks/real estate...probate would be necessary UNLESS someone had a power of attorney or was named beneficiary on personal prop and suceessor on real estate...but to determine that..you need a lawyer..and need to know what property there was, if any...many people don't have wills, don't go thru probate as they have nothing..call a local lawyer for your questions..normally small or no fee to talk..but reasonable fees to probate estate when no will..

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Answered on 12/27/09, 10:49 am


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