Legal Question in Wills and Trusts in Texas

What to do after Uncle's death?

My uncle passed away a couple of weeks ago and my mother would like me to help her with what she needs to do. We believe my uncle had a Will, but the family is unable to locate it. My cousin states she has a letter that she found stating my uncle left everything to her, but we have not seen this letter since we live out of town. What does my mother need to do? My uncle owned a home, car and investments in stocks and bonds, along with IRA's. He was also a veteran of the U.S. Marine Corps. serving during Vietnam. My uncle never married and had no children. If the Will is not found what happens? My grandmother (which is my uncle's mother) has alzheimers and is in a nursing home. Please help. Thank you.

We all live in Texas.


Asked on 1/24/09, 10:10 pm

2 Answers from Attorneys

Donald McLeaish McLeaish&Associates;, P.C.

Re: What to do after Uncle's death?

Where did your uncle live when he died? If there is no will, the estate goes to heirs by law..and it sounds like his mother may have first rights by law in all states...not the cousin, siblings nor others....but contact a local lawyer who could associate with a lawyer where the estate must be probated... It costs very little or nothing to talk to most lawyers...unlike other professions..

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Answered on 1/25/09, 12:07 pm
Cheryl Rivera Smith The Smith Law Firm

Re: What to do after Uncle's death?

It sounds like your mother needs to contact an attorney in the county or near where your uncle resided. An heirship proceeding is simple and relatively easy. Cousin's letter is not a will and will probably not be valid. Heirs at law would be grandmother, then siblings (your mother). Mom should get help asap.

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Answered on 1/25/09, 2:13 pm


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