What is timeframe on a probated Will?

UPDATED: Aug 25, 2012

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What is timeframe on a probated Will?

I was in my mother’s Will. It specifically states that I am suppossed to aquire 2 bank accounts with large sums of money. In them. These accounts were inherited by her from her mother. She was married to my adopted father which was diagnosed with alztimers and had 2 biological children of his own from a marriage before theirs (my mom and dad). It states that everything goes to him unless he passes or the will(her individual will) gets probated, whichever comes first. The Will was probated 7 months ago. At this time the executor is my brother-in-law and he refuses me and my kids what’s ours.

Asked on August 25, 2012 under Estate Planning, Texas


Catherine Blackburn / Blackburn Law Firm

Answered 10 years ago | Contributor

I suggest that you contact the Executor's (your brother in law) attorney and ask him or her to explain their position regarding your inheritance.  They may agree that you are entitled to this inheritance and the probate is simply taking time.  They may claim that you are not entitled to the inheritance.  Either way,  you need to know this.  If they claim you are not entitled to the inheritance, you should consult your own estate lawyer to see if you can challenge this position.

Estates involving second marriages, especially if each spouse had children from a prior marriage, can be very complicated.  If the spouses and their lawyers did not prepare the wills and trusts carefully, it can take a substantial amount of time, effort, and money to sort out who gets what.  In addition, many states have laws that give certain assets to a surviving spouse no matter what the will says.  Florida does this with its homestead and elective share provisions.

Frankly, seven months is not long to probate an estate, especially if estate taxes, an incapacitated spouse, multiple beneficiaries, debts, medical bills, or other circumstances make it complicated. 

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.

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