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.

Related Topics:
3 Lawyer Answers
Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
Terry Lynn Garrett
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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.