Legal Question in Wills and Trusts in Texas
Named in the Will
I have recently been given information from a reliable family member that my stepmother left money to me in her will. It has been almost a year since her passing and the executor(my father) of that will has never notified me with this information, but told the family member who recently asked me if I knew about it. How do I find out if I am indeed listed in her will, if the executor is deliberately keeping this information and the will from me?
2 Answers from Attorneys
Re: Named in the Will
Assuming that you do not wish to ask the executor (your father) about the will, then assuming that will was filed for probate, go to the County Clerk's office of the county in which she resided and ask to look at the probate file and the will. If not filed in that county, then check in the county where most of the property was situated. If not filed in either county, it appears that you will need to ask your father when he is going to file the will for probate.
Re: Named in the Will
Check with the probate clerk in the county where your step-mother lived to see if her will has been entered into probate. If so, you can order a copy of that will at a cost of $1.00 per page.
If her will hasn't been entered into probate, it may be worthwhile discussing another family member forcing the issue. Anyone with an interest in her estate can move to have her will entered into probate.
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