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Grandmothers Will has not gone through probate but executor of the will said it has?

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What is the name of your state? Texas

My grandmother died on July 11, 2002. She left a will and my aunt Ruth (whom I have never met) is the executor of the will. I was told by my aunt Lois who lives with my aunt Ruth that I am in the Will. I was told by my aunt Ruth that the Will went to probate on September 6, 2002 in Chatanooga TN where my grandmother lived at the time of her death. I called the probate clerk office and spoke to several people there including supervisors and I was told that a Will with my grandmothers married name or maiden name did not go to probate on September 6, 2002 and was not in their system for any other date. I recieved a letter from my aunt Lois three days later telling me that their Lawyer is going another route other than probate. It was not explained why? I don't know what the Will contents are. I just know that I am in it. I feel like there may be something wrong? I don't know what to do.

1. Is there a way that I can get a copy of the will even though it has not gone through probate?

2. The estate is large and involves several properties that my grandmother owned and there is a financial company taking care of her money. I don't understand why my aunt is not taking this to probate. Is there a way that she can prevent me from recieving my inheratence?:confused: :confused:

Dandy Don

Senior Member
You should be talking to a probate attorney as soon as possible to try to get one to represent your interests, if only for a brief period of time (probably would be best to hire him/her on an hourly basis).

If they have not filed the will yet, then there is no other way for you to get a copy other than by sending the executrix a certified letter requesting a copy (you have the right to do that since you know you are named as a beneficiary). It would be better if you had your lawyer write that letter for you, since the executrix would pay more attention and respond to it, whereas if it was only you writing the letter, she would keep trying to brush you off/ignore you. The fact that she has already lied to you is an indication that she may be up to no good, and it is possibly illegal what she is doing in not filing the will (normally this is done within 30 days after the decedent's death).

Since she is not willing to be upfront and forthcoming in providing information in how this estate is being handled, there is a small chance that she could be trying to hide assets or possibly steal from the estate. Your attorney should be contacting her or the other attorney to get exact information about what is going on here, so the situation can be dealt with now instead of later. She needs to provide an official explanation of exactly how the assets are going to be legally distributed.



Thank You, Dandy Don

Dandy Don,

I want to thank you so much for your advice it has been very helpful. I spoke to my aunt and she said that it would take a year to settle the estate. She refuses to take it to probate or to discuss the will. I am going to contact a Lawyer on Monday.


Any extra advice, comments or suggestions will be appreciated.
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