Legal Question in Wills and Trusts in Texas
Uncle passing away
My Uncle passed away. Never married, no children. Owned his house. The only family left, is my Dad, and 2 other children that are my dads other brothers children, which is also passed away. So this leaves my Dad, and the 2 children. How can my Dad get into my Uncles Safety Deposit box to see if there's a Will left to read? And to, can the other 2 children come in and taake something? My dad wants to get and independant administrator excecutor, paper work without a lawyer, stating he is the only sibiling left. Where can we get these free on line? Thank you so much. Diane
2 Answers from Attorneys
Re: Uncle passing away
If the bank won't open the safety deposit box for your father, he can get a court order to open and inventory the box from the probate court.
Nobody should be able to take anything until the will, or the estate, is probated. Then the distribution is according to the terms of the will. If no will, your father would get 1/2 and the two children would get their father's portion of 1/4 each.
Re: Uncle passing away
Probate is a technical and highly procedural process. If your father doesn't know how to do this, he is going to waste a lot of time. Sometimes it is more economical to hire a lawyer. Ask around for pricing.
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