Grand Prairie, TX asked in Probate for Texas

Q: What do I do if uncle says I receive no inheritance from grandparents, doesn’t show me the will, and hasn’t filed it?

The will supposedly went like this: If one grandparent died, the spouse gets all. Then it was divided equally among their 2 children.

However my father passed before my grandparents. When my father learned he had terminal cancer, he mentioned that my siblings and I would receive his share of our grandparents’ estate one day. His brother, my uncle is still alive. After both of our grandparents passed, when we brought it up, he stated this was inaccurate information, and he was to inherit all. It’s only been a few months. However, he has not filed the will or let anyone see it. We would like to see the verbiage on whether one sibling would inherit all or if it could pass down if a sibling died.

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3 Lawyer Answers
Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Probate Lawyer
  • Crossville, TN

A: Hire an attorney yourself to start a probate and petition to have yourself appointed as executor. That process will smoke out the will. Do this without delay because the longer you wait the more your grandfather’s estate will be “disappeared”.

Terry Lynn Garrett
Terry Lynn Garrett
PREMIUM
Answered
  • Probate Lawyer
  • Austin, TX
  • Licensed in Texas

A: Hire a local probate lawyer to help you file an Application to Determine Heirship. If your father predeceased your grandparents, you and your siblings would inherit his share -- unless there is a Will which states otherwise.

Ross F. Tew agrees with this answer

Isaac Shutt
Isaac Shutt
Answered
  • Probate Lawyer
  • Richardson, TX
  • Licensed in Texas

A: I agree with the earlier answers. Meet with a probate attorney in the Dallas area ASAP. Many offer free or low-cost consultation meetings. We can actually look at the probate court records to see if maybe your uncle has filed something and you just didn't know. The fact that your uncle is being secretive is very concerning. The sooner you meet with a probate attorney, the better. We want to protect your inheritance.

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