Inheritance issues can be frustrating and unclear. In some cases, you may not even know whether you’re entitled to anything. In others, you know you’re supposed to receive an inheritance – but nothing has happened.
In Texas, there is no formal “reading of the will,” which means you may not be automatically notified if you are a beneficiary. If a Will has been probated, it becomes a public record and can be obtained from the probate court in the county where the person lived. If someone is holding the Will but has not filed it, you may need to take steps to have it produced, including making a formal demand or seeking a court order.
If you already know you’re in the Will but haven’t received your inheritance, the issue may lie with the executor or administrator. In these situations, legal action may be necessary to move things forward. An attorney can make a formal demand or, if needed, file a claim in probate court to require the executor to distribute assets according to the Will.
When there is no Will, Texas law determines who inherits the estate, which is typically the spouse and children. If you believe you are an heir, you may need to open a probate case to claim your share. In some situations, a Declaration of Heirship can be used to establish ownership of property without going through a full probate process.
At Pyke Balen & Moncure, P.C., we help clients understand their rights and take action when necessary to secure their inheritance. If you’re unsure where you stand or are not receiving what you believe you’re owed, it may be time to explore your legal options.
This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, specific tax, legal or accounting advice. We can only give specific advice upon consulting directly with you and reviewing your exact situation.
