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Grandmother's Will Texas residency

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Southernmama82

Junior Member
What is the name of your state (only U.S. law)? TX

My grandmother passed away recently. I am the next of kin as my grandfather is deceased and my father is deceased. However, we had a falling out and I did not speak with her for a couple of years. She has a modest amount of $$ left over in her estate after medical bills and assisted living. She lived in Alabama for years and years and she had a Will made there. I do not have a copy nor do i know how to obtain a copy of this original...I believe in her Will she was going to leave a few others a portion of her estate. A few months prior to her passing she moved to Texas because she had Alzheimers and her brother insisted it would be better so he could "look after her". She went to live in an assisted living home in Texas and apparently a codicil was added to her previous Will which left her brother her entire estate.

Her brother does not have the best history with $$ and being honest. When my grandmother was sent back to AL for burial he didn't even provide her clothes to be buried in. A friend of my grandmothers went and purchased some for her. So here's my question, since my grandmother had Alzheimers and really was not able to make sound decisions on her own does this mean the codicil is invalid? If so, then how might I attain a copy of the original Will in Alabama? I know the town where the attorney who drew up the paperwork is in and that is about it. I think her brother is hiding some things as he says he will let me know when her Will is probated as it will be public record. As the next of kin, I think it would be my right to have access to her Will right?

I don't know if she still included me in her Will. Part of the reason I want to know is to see if she had hopes of us reconciling and included me in her Alabama Will. And if she did not then I know there were others she included in her Will like a niece and a good friend who I know she would have wanted to be included. I want to see that her last wishes and estate are divided as she would have wanted.

Thanks in advance for any advice!
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? TX

My grandmother passed away recently. I am the next of kin as my grandfather is deceased and my father is deceased. However, we had a falling out and I did not speak with her for a couple of years. She has a modest amount of $$ left over in her estate after medical bills and assisted living. She lived in Alabama for years and years and she had a Will made there. I do not have a copy nor do i know how to obtain a copy of this original...I believe in her Will she was going to leave a few others a portion of her estate. A few months prior to her passing she moved to Texas because she had Alzheimers and her brother insisted it would be better so he could "look after her". She went to live in an assisted living home in Texas and apparently a codicil was added to her previous Will which left her brother her entire estate.

Her brother does not have the best history with $$ and being honest. When my grandmother was sent back to AL for burial he didn't even provide her clothes to be buried in. A friend of my grandmothers went and purchased some for her. So here's my question, since my grandmother had Alzheimers and really was not able to make sound decisions on her own does this mean the codicil is invalid? If so, then how might I attain a copy of the original Will in Alabama? I know the town where the attorney who drew up the paperwork is in and that is about it. I think her brother is hiding some things as he says he will let me know when her Will is probated as it will be public record. As the next of kin, I think it would be my right to have access to her Will right?

I don't know if she still included me in her Will. Part of the reason I want to know is to see if she had hopes of us reconciling and included me in her Alabama Will. And if she did not then I know there were others she included in her Will like a niece and a good friend who I know she would have wanted to be included. I want to see that her last wishes and estate are divided as she would have wanted.

Thanks in advance for any advice!
You seem to know a whole heck of a lot for not speaking to her for the last few years. Why do you believe you are entitled to ANYTHING? Hint: you are not. If she left a will, it will be probated and the heirs will be contacted.
 

Southernmama82

Junior Member
Sorry. I didn't go into details because I was trying to keep my post short. This situation is a very unique situation. We were very close but the falling out happened when I had my first child. She never came to life events like my wedding, college graduation, high school graduation...to meet her first great-grandchild. She was close enough to me in distance that she could have come if she had wanted. Secondly, my hang up with my dad had cancer off and on for 16 years and she never came to support him or be with him either when he was in the hospital. Her husband did, my grandfather, but she claimed she couldn't travel the 2 hours with her allergies. The day he died she finally came and I had to beg her to go say goodbye to him in the hospital room that night. There's more to this situation but I think you get the gist.

So, my response to you is it's not about entitlement. I don't need the estate $$, nor would I expect it to inherit much if any. However, I do know my grandfather wanted his niece to inherit 50% and my grandmother at one point had this written in her Will. Plus she had a set of friends who helped her so much for several years. I wish I could rewind time and make up with her and let her know I am letting the past go, but I can't. I really want to make sure my grandparent's wishes are followed through with.

You seem to know a whole heck of a lot for not speaking to her for the last few years. Why do you believe you are entitled to ANYTHING? Hint: you are not. If she left a will, it will be probated and the heirs will be contacted.
 

OHRoadwarrior

Senior Member
See if probate was opened in the county she lived. If a will was filed with the court you should be able to determine if you were in it. Otherwise, property passes per state law.
 

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