Q: What happens if someone intentionally doesn't do probate because they don't want the heirs to know they're heirs?
My grandmother died in Texas 5 years ago. She Appointed her daughter to be in charge of her will and estate. I was named an heir, but had no clue about any of this til last week!!! Apparently, my gma had 21 bank accounts with several million. The daughter emptied them all but I guess there is one account still open which has $107,000 in it. The bank will not release it until probate is complete. So now the daughter is suddenly doing the probate. Citations were sent to all of the heirs to state whether or not they were contesting the will. I am 36 years old, yet my citation actually went to my father. I personally am yet to receive ANY notification and only know about this because of the other heirs. Shortly after my grandmothers death, The daughter took her family to Germany for six months. The will very clearly states that the daughter could have all the money, AFTER first giving the heirs their portion. After five years, none of us knew the will even existed. What happens now?
A:
Much of this depends on the state the will and/or property is in. In order for a will to be valid in Texas, it must be determined so by a Probate Judge which means an official legal proceeding. Without a legal proceeding, a will is useless.
There are many assets that pass outside of a will, meaning a person can name a beneficiary directly that would receive the asset. An example is a "pay on death" bank account where the owner of the account designates with the bank the person they want to receive any funds in that account. Life insurance is the same way. However, if a person leaves it to their "estate" it must be addressed through the probate courts.
If you know about this action, whether you have been served or not, you may want to contact a probate attorney in the right jurisdiction. Don't delay because you may loose out on any rights you have to inherit.
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