Assistance with mom's estate after will destruction by ex-husband.

Question

How can I find a probate lawyer to assist me with my mother's estate? Her ex-husband destroyed her will and hasn't reported it to probate court. He is collecting and using her assets, including her house, car, bank accounts, and cashing her social security payments after her death. My sisters and I have witnesses to the will, and her friends and family know she left us her property. He refuses to share the will, misrepresents himself as the executor and sole beneficiary, and told us he would spend all the money. We need guidance on how to prove our right to her estate.

Isaac Shutt · Answer

The sooner you get to a probate attorney, the better.  Even if you don't have the original of the will, the validity and contents of the lost will can be proved by the testimony of witnesses.  So, it's great you have witnesses!  We call the process "probate of a will not produced in court." 
 
You say "ex-husband," which I take to mean divorced. If that's the case, then the Texas Estates Code removes the ex-husband from the will automatically. 
 
The reason I say to find a probate attorney ASAP is that you want to stop the bleeding. We can send letters to the financial institutions demanding that they freeze the accounts immediately. If they fail to do so, then the financial institutions themselves may have to put the money back.

James L. Arrasmith · Answer

You're facing a complex and emotionally challenging situation, but there are steps you can take to protect your rights. First, look for probate attorneys experienced in cases involving disputed or destroyed wills; you can find them by checking local bar associations, online directories, or through personal referrals. When choosing someone, seek out lawyers who have successfully handled similar situations involving contested estates and family disputes. 
 
Since your mother's will was intentionally destroyed, the lawyer you hire can guide you through the process of proving the will existed by using witness testimony, affidavits, or other supporting evidence. Gathering statements from witnesses who can verify the contents and intentions of the original will—such as family, friends, or the original witnesses—is crucial. It's also important to document any misuse of your mother's property and financial resources by her ex-husband, as these records will be vital for court proceedings. 
 
Act quickly because assets can disappear rapidly, and ongoing misuse like cashing social security checks after death is unlawful. Your attorney can help petition the probate court to appoint an impartial executor or administrator, freezing access to your mother’s accounts and property while the case proceeds. With the proper legal representation, you and your sisters can assert your rightful claims and safeguard your mother’s estate from further exploitation.

Q: Assistance with mom's estate after will destruction by ex-husband.