What can an heir do if they were not included in an estate?

Get Legal Help Today

 Secured with SHA-256 Encryption

What can an heir do if they were not included in an estate?

My fraternal aunt died without a Will 6 years ago. She was 90 years of age, never married or had children. However, she was 1 of 6 children. At the time of her death, only 2 brothers (my uncles) were alive. My father, her brother, passed away 8 years ago. Her estate was valued at close to $700,000. Her estate was settled by a lawyer who also wrote my father’s Will. He knew of my sister and I but did not include is in my aunt’s probate settlement.

If I understand correctly, when a person dies without a will it is handled intestate. At the time it was settled, the lawyer only listed my two living uncles as heirs. Should he have included me and my sisters as heirs to my father’s part? None of the other dead sibling ever married or had children.

Now a holistic handwritten will has come into play. Do my sister and I have any recourse?

Asked on May 1, 2018 under Estate Planning, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Intestate succession skips potential heirs who passed away before ("predeceased") the person from whom they might have inherited dies. If as you indicate, your father died before his sister (your aunt), he did not inherit from her; since he did not inherit from her, you, as his heirs, do not inherit from her either. Rather, her estate is shared among or between the then-living heirs.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption