San Antonio, TX asked in Probate for Texas

Q: Aunt died in 86; left a will but never probated. She left everything to son and residuary to the niece. Cant find son.

What happens to the inheritance of the son if he cannot be found?

Related Topics:
1 Lawyer Answer
Terry Lynn Garrett
Terry Lynn Garrett
PREMIUM
Answered
  • Probate Lawyer
  • Austin, TX
  • Licensed in Texas

A: The Will can still be submitted to court for probate (proving that it is the Will of the person who died) by someone who did not know of it earlier. The court will require you to hire a PI to find the beneficiary. If the PI cannot find him, the court will require you to publish in the newspaper. It is very, very unlikely that the property will pass to the niece.

Even if no one can submit the Will for probate, an Affidavit of Heirship will name the son (and his siblings, if any), not the niece.

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.