Legal Question in Wills and Trusts in Texas
No Will, Quiestion of any inheritance
Mother passed away three years ago. She told us she had a will and that she was making eldest sister executor. Since her death, eldest sister says there was no will and any inheritance has been put in a trust fund for grandchildren. How can I find out if in fact there was no will? How can I find out how much inheritance there was and whose name it is in? My sister has not told us anything. Doesn't she have a timeframe where she has to report to probate?
1 Answer from Attorneys
Re: No Will, Quiestion of any inheritance
Typically, a will should be probated as soon as practical for the situation. As for a time frame, the statute of limitations on a will is four years from the date of death, unless there is some type of special circumstance. As for what you can do, if you knew your mother's attorney, you should give him or her a call and see if there is a copy. Also, you should check to see how the property was placed in a trust (i.e. get a copy of the trust agreement.) If there was no trust agreement, and there was no will, then the property would have passed via the intestacy statute to your mother's spouse and/or children.
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