Legal Question in Wills and Trusts in Texas

An inlaw who is executor to the my grandmothers Will isn't giving out copies of

My grandmother had several Wills made over the period of 2 years and was probably persuaded by the executor of the final Will to have the last one drawn up in the executors favor. The other two sisters are not sure.

The Will prior to the last one was sent out to all sisters stating that each sister would get 1/3 of the estate. Since the last Will had been drawn up, one of the sisters persuaded my grandmother to have the will changed and pronounced that she would be the executor of the estate. The other two sisters have never been given a copy of this final will and can't seem to get one from her. It is like she is hiding something from the other two sisters. My grandmother has recently passed away and we still can't get a copy from the sister who is the Will executor. She keeps prolonging getting a copy to us. She will not give us the lawyers name either who had the will drawn up. How in the world do we acquire a will if we can't get one from her or even know which lawyer she used to draw up the final will?

I know that the will still hasn't been probabted as of yet but I believe the sisters (who is the exexcutor of the will) will be working on it? Any advice?

Thanks,

Derek


Asked on 8/17/02, 2:43 pm

2 Answers from Attorneys
Laura D. Heard Law Office of Laura D. Heard

Re: An inlaw who is executor to the my grandmothers Will isn't giving out copies

The will must be submitted for probate within 4 years of the testatrix's death. You can check with the probate court to see whether it has been filed for probate. If enough time has gone by and you have evidence that a particular person has the will and is refusing to submit it for probate, then there is a procedure to obtain a court order to produce the will for probate. I encourage you to consult with an attorney who can review all the details with you and decide whether a court action is advisable at this time.

Read more
Answered on 8/19/02, 9:18 am
Robert Forrester Gibson, Ochsner & Adkins

Re: An inlaw who is executor to the my grandmothers Will isn't giving out copies

go hire a lawyer. get him to file a probate proceeding claiming that she died intestate. That will force the "possessing" sister to either come forth with the alleged will or shut up.

Read more
Answered on 8/19/02, 11:39 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Texas