Heir can not view Will?

[Serfure]

Deceased mother's estate is in Texas, with two living children. Child A is the Will executor, but has not distributed any funds. Executor Child A refuses to send a copy of the Will to Child B. How does Child B insist on viewing the Will? Can Child B submit a request to view the Will through probate court? Is this request a simple procedure, or is an attourney and retainer fee warranted?

 

[I AM ALWAYS LIABLE]

Deceased mother's estate is in Texas, with two living children. Child A is the Will executor, but has not distributed any funds. Executor Child A refuses to send a copy of the Will to Child B. How does Child B insist on viewing the Will? Can Child B submit a request to view the Will through probate court? Is this request a simple procedure, or is an attourney and retainer fee warranted?

My response:

If there has been a Probate opened, all you need to do is call the clerk of the Probate court, find out the costs for having the Will copied and mailed to you, and then send the clerk your money.

IAAL

 

[advisor10]

2-20-2002

Normally, it is a requirement that the will be filed at the county courthouse probate court within 30 days of the person's death, but there is no way of knowing if the executor knows this or not.

Child B should visit the county courthouse to see if the will has been filed yet. If it has, he can get a copy there.

Yes, Child B is entitled to a copy of the will, since he is most likely a potential beneficiary. There is really no valid reason for it not to be given to him. If the will has not been filed with the courthouse, Child B should send the executor a certified letter requesting that a copy of the will be mailed to him by certified mail.

Even if the executor never sends it, it will eventually have to be filed in court, where Child B will eventually see it.

An attorney is not needed to do this.

Child B should also realize that in fairness to the executor, it will take a month or so for the business affairs of this estate to be handled, so he shouldn't expect an immediate payout if he is named as a beneficiary. The exact amount he will get can not be determined until estate expenses, taxes, and debts have been paid, but the will might give him an IDEA of what he is eligible to receive.


SINCERELY,

advisor