Inheritance problems can include that you don’t know if you are entitled to an inheritance or you simply aren’t receiving it. Read below to find out how our inheritance attorneys at Pyke & Associates can help.
Am I in the Will?
If the decedent’s will is controlled by someone hostile to you, you may need legal help simply to learn if you are entitled to any inheritance. In Texas, there is no requirement for a “reading of the will,” nor will the person holding the will necessarily notify you of your rights. Several options are available and our Dallas Probate and Estate Attorneys can help.
Get a copy of the will from the Court. If the will is probated, a copy can be obtained from the Court. The will should be probated in the county where the decedent resided at the time of death. Check with your county Clerk, probate section, and they will have a way to search whether a probate has been filed, and if so, you can get a copy of the will.
Demand that the person who controls the decedent’s records to produce and probate the will. Hire an attorney to make the demand if necessary.
If neither of these options work, a Court order can be obtained to make the person holding the will to produce it in Court.
I’m in the will, but I haven’t received my inheritance.
We can force an executor or administrator give you your inheritance.
If your demands to get your inheritance have been unanswered, you will need to hire an attorney. What can the attorney do? An attorney’s demand with the threat of a lawsuit often gets attention that your demands have not received.
If necessary, a claim can be filed in the Probate Court to force the executor of the will to make the distributions that the will requires — i.e., to get you your inheritance.
Contingency fee arrangements are possible.
There is no will — how do I know if I can get anything?
Are you an “heir at law?” Generally, the decedent’s spouse and children inherit the decedent’s estate. If you are one of the heirs, you can open a probate and get your assets. Contingency fee arrangements are possible.
Heirship
If you merely need to prove the title to land or something similar, you may only need a Declaration of Heirship. This procedure is available even when the decedent did not leave a will and there is no need to sell assets to pay estate debts. No continued court supervision is necessary.
Click here for more information about Probating Without a Will