Legal Question in Wills and Trusts in Texas
Question about beneficiary rights
My husband was named in his former employer\'s will as a beneficiary. His employer died 3 months ago, and the son is the executor. We have heard nothing from him, have not been notified by anyone regarding the estate. I have checked each week with the Probate Clerk\'s office to see if anything has been filed, but it has not. Would it be prudent to hire an attorney to contact the executor and/or the law firm handling the estate to find out the status, or should we not worry about it? Is it possible for the executor to avoid paying my husband the monies left to him? What rights, if any, does my husband have in this matter? Thank you.
1 Answer from Attorneys
Re: Question about beneficiary rights
You should probably get your own lawyer. There is a provision in the probate code that you can use to compel the custodian of the will to produce the will. Granted, it's still pretty soon (many wills aren't probated right away due to benign reasons.) But I wouldn't risk it.