My aunt is taking everything!

[TiaWanda]

My mother is in need of some legal advice. It has been almost two years since the death of my grandfather. He was ill with cancer and could do nothing for himself the last few month of his life. He had a will that was created when he was well, but one of his daughters decided to have another one written about a month before his death. She even had her lawyer at the time sign as a witness. In the new will, most of my grandfather's estate was left to her, including his house. My mother was named in the will but has yet to receive any information on its status. My aunt has since moved into my grandfather's house and we not communicate with any family members. My mother lives in the state of Washington and my grandfather lived in Texas. It is hard for my mother to travel back and forth to Texas making no progress in the matter. What should my mother do? Is there anything she can do first before she has to hire a lawyer?

 

[lwpat]

There is a statute of limitations on contesting a will. I am not certain of the law in Texas, however the aunt would have had to provide you with some information in order to be named as the executor of the estate. Check to see what your Mother has received.

Call the probate court in Texas and order a copy of the file. You mentioned one of the daughters, are there more and what is their status. If you decide to contest the more heirs on your side the better.

 

[TiaWanda]

Thanks

Thank you so much for responding to my message. I have passed on the information to my mother. She will make that call. She told me she has received no information at all about the status of the estate. Since there were two wills, we are unsure which one was filed either the original will, or the will which was created after my grandfather's illness. In the original will, there were five children named, but in the new will only four children were named with my aunt receiving most of the benefits. My mother is sending a certified letter to my aunt requesting information about the status of the estate since my aunt claims to be the executor. Once again thanks.