Legal Question in Wills and Trusts in Texas
Providing copies for proof
My mother passed away and I would like a copy of her
will, Ins. and death cert.
so far the executor refuses to give it to me or my sister
and I have no way to know if things are done as she wanted.
my sister was told it was none of her buisness. she sent a reg. letter requesting info and they wont pick it up.. what must we do to get answers..
4 Answers from Attorneys
Re: Providing copies for proof
Do you know if the Will (assuming there WAS a Will) was filed for probate? If so, you can get a copy from the Court - the major counties in Texas (i.e., Dallas, Harris (Houston), Collin, etc. are online and you may be able to access it from your PC for a nominal cost. Otherwise, you'll have to check with the county courthouse (County Clerk's office) to see if the Will's been filed. If it hasn't, and you know the Executor, you are certainly entitled to ask why it hasn't been filed. If he/she refuses to file it for probate, you may want to consider having him/her removed/disqualified, and ask for an alternate executor.
Re: Providing copies for proof
If there is an Executor, the Will was submitted for probate. Contact the Surrogate in the County where your mother lived when she passed away. You can see the document there (it is a public record) and get a copy made for a nominal charge. As a child you can get a death certificate from the Health Department for a small fee also. If you were named in the Will, the Executor should give you a copy and you also should have been notified of the probate. If these were not done, you may have a claim against the executor. Sorry for your loss, and good luck.
Re: Providing copies for proof
My condolences on your loss. I am sorry the executor is acting badly.
There are 2 ways to proceed: inform the surrogates court of the executor's behavior and ask for the court to give him/her a schedule for performance.
Or you may petition the court to appoint another person (you?) as the executor. This would be done on motion with notice.
Please feel free to contact me with other questions. i know this is a very frustrating situation.
Re: Providing copies for proof
If there's an executor, then the will has been filed for probate in the county where your mother resided. Contact the clerk of the probate court, if the information isn't online, for the number of pages to the will. A copy will cost $1.00 per page.
You can order a copy of the death certificate from the county clerk of the county where your mother resided. The fee is nominal.
Insurance is a private matter of contract between the insured, the insurer, and the beneficiary of the insurance contract. That's none of your business unless you are the named beneficiary.