How to find a lost will?

[uswilko]

Unfortunately my uncle died in May 2008 and the only will found was over 15 years old and made out to his then wife (now ex wife of the last 12 years). As it stands she has inherited his entire estate.

However, my family believe that he made a recent will after he separated from this wife, which was not found at his house. Is there any way to check via an online search facility, network of law attorneys or any other means whether my uncle had completed a more up to date will?

He lived in Spring, Houston and as we are from the UK, I am finding the distance a barrier and am unfamiliar with the process, so any help you can provide in this matter would be much appreciated.What is the name of your state (only U.S. law)?

 

[Dandy Don]

First you need to consult with a probate attorney to find out whether a newer will (if you found it) would be accepted into probate. Is the old will currently being probated now or is probate over? If probate is finished it won't do you any good to produce anything because it won't be probated. You might want to place a small classified ad in the newspaper of the city where he died, that asks if any person (a witness to the will) or attorney has information about a recent will written by John Doe, to contact you or your attorney.

 

[anteater]

If the divorce occurred after the will was made, the ex-wife is out of there. It is treated as if she had passed away before your uncle. If the will that was found does not contain any contingency for the then-wife predeceasing your uncle, then the estate would be distributed under Texas' intestate succession statutes.

Sec. 69. WILL PROVISIONS MADE BEFORE DISSOLUTION OF MARRIAGE
....
(b) If, after making a will, the testator ’s marriage is
dissolved, whether by divorce, annulment, or a declaration that the
marriage is void, all provisions in the will, including all
fiduciary appointments, shall be read as if the former spouse and
each relative of the former spouse who is not a relative of the
testator failed to survive the testator, unless the will expressly
provides otherwise...

When you say that, "As it stands she has inherited his entire estate", I hope that the use of the past tense was inadvertent. Not to mean that the will has already been admitted to probate and any assets have already been distributed to the ex.

Unfortunately, there is no one place that wills are kept prior to the testator passing away. Some states permit the testator to deposit a will with the probate court. But, I don't believe that Texas courts provide that capability. You might check with the Harris County probate court. Other than that, it's a matter of trying to find an attorney that the uncle might have utilized. Or friends of his.

 

[uswilko]

Dandy Don and anteater, thank you both for your replies and advice.

I am unfamiliar with the probate process and do not know if it has been completed.

Some background. My uncle died unexpectedly at home in May 2008 and was found by his ex wife as they had remained sort of 'friends'. By the time my father and myself could come out, it was 5 days later and my uncles house had been searched by the police (investigating the circumstances of his death) and by his ex wife.

I think my dad was in shock about the whole thing and didn't push chasing the will when we were out in Texas for the funeral. He accepted (albeit it grudgingly and without advice) that the will from 15 years ago was the only one and left it at that. The ex wife volunteered to deal with his estate as it appeared she was the sole benefactory and why I said she inherited his entire estate.

Forward 18 months to now. My dad contacted my uncles ex wife to ask back some money that he loaned my uncle 4 years ago. (I'm unsure why he decided to do this now although he mentioned immediately to the ex wife after the funeral). She pleads poverty and says she cannot afford to repay my father as she could not sell my uncles house and is renting it. She is also still driving my uncles car. This is all I know regarding my uncles affairs, thus I am unsure if probate has been completed.

What makes us suspicious and why I have started asking these questions, is that the ex wife recently contacted my mother (they used to know each other from old) and asked if she knows about a more recent will that I may have mentioned. I always thought there was a more recent will as my uncle said he had written one and the ex wife had definately gone through his house before we arrived.

Thats it in a nut shell and not sure if it helps?!

Anteater, you say:

If the divorce occurred after the will was made, the ex-wife is out of there. It is treated as if she had passed away before your uncle. If the will that was found does not contain any contingency for the then-wife predeceasing your uncle, then the estate would be distributed under Texas' intestate succession statutes.

The divorce did occur after the will that is being used was made. Does your statement mean that the ex wife has no claim on it? Also my uncle never remarried, so is the next beneficiary my uncles brother (my father)?

Also does anyone have a suggestion of how to find his will other than an ad in the local paper? I was thinking of emailing local will attorneys.

Much appreciated.
uswilko

 

[anteater]

Assume that the 15 year old will is valid - that is, it meets all the legal requirements to be a valid will - and there is no later valid will. Any provisions in that will that mention the ex-wife (or, for that matter, her relatives also) are no longer applicable. The will itself, and the rest of its provisions, are still valid.

You would have to look to the rest of the will to determine what happens to your uncle's estate. If the will was decently written, it should contain some provisions about what happens if his wife (now ex-wife) fails to survive him. If there are no [edited: left out a pretty important, though small, word] provisions like that, then Texas rules of intestate succession would determine who is to inherit. If that is the case, the below website has a calculator that I have found to be accurate. (Don't get confused about the "Community property value." Since uncle was divorced when he passed, there would be no community property.)

http://www.mystatewill.com/states/TX/TXintcalc.htm

You can give a call to the Harris County Probate Courts to ask if probate was ever opened for your uncle's estate.

http://www.co.harris.tx.us/probate/

You can also do a search for uncle's property at the Harris County Appraisal District website to see who the owner is:

http://www.hcad.org/records/default.asp