Legal Question in Wills and Trusts in Texas

Sufficient evidence to contest a will

I have reason to suspect that I am being defrauded out of an inheritance.

This person is out of the country at this time and I and others were wondering where he got the money to get to his current location. He would have been very short on funds. He told someone that he had been made sole beneficiary of an insurance policy owned by the decendent(?), but I do not believe this. He also told many others that he could not believe how much money was in the estate and that the decendent would be well provided for without fear for lack of funds. He told me that he did not know exactly how much money was in the estate. But he would have to know if he knew the decendent would not have to worry about money.

All in all, I am very suspicious of this person's actions and statements. I am afraid that even now my half of the inheritance might be gone. What do the laws in my state say I have to have in order to prove any inheritance fraud? How can I get my hands on such documents? This is two questions. Just give me an overview.


Asked on 12/09/02, 6:02 am

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Sufficient evidence to contest a will

First of all, the "decedent" is the person who died. Second, an insurance policy passes by contract and not by will; the insurance company pays the named beneficiary directly.

You will want to know if the decedent left a Will, and if so, whether that Will was entered into probate. Check with the probate courts in the county where the decedent lived. They can tell you if the decedent's estate has been entered into probate.

If the estate is in probate, you can examine the Court's file and see what the will said, and determine whether there's been any fraud.

If the estate has not been entered in probate, you need a lawyer that handles probate litigation to investigate and possibly bring suit on your behalf.

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Answered on 12/09/02, 10:17 am


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