What do you do when you think someone is hiding a deceased’s will?
You awake to a terrible phone call that your sister has just been in an accident. You’re tired, stressed, distraught. Thoughts are flying through your head so quickly that you can’t even think straight.
Several days later you realize that your sister’s ex-husband, the father of her two minor children, has been to the house with the kids and they said he took some papers. You know she had a will done, but have no idea where it is. You don’t know the attorney who wrote it. You’re beginning to lose hope that your nieces will actually receive their inheritance.
What do you do?
Get an attorney. There are certainly some things you can do without an attorney. Handling probate matters isn’t one of them. Especially in a situation where you have misappropriation or outright theft.
What will he do?
More than likely the first step will be to write a Section 75 letter. Section 75 of the Texas Probate Code says:
“On sworn written complaint that any person has the last will of any testator, or any papers belonging to the estate of a testator or intestate, the county judge shall cause said person to be cited by personal service to appear before him and show cause why he should not deliver such will to the court…”
A Section 75 letter will typically state that if the person doesn’t produce the will or documents then the party will be forced to let the Court handle the situation.
The penalty for withholding a will from the Court is usually what encourages the withholding party to give in.
“…if satisfied that such person had such will or papers at the time of filing the complaint, such judge may cause him to be arrested and imprisoned until he shall so deliver them.”
So what happens if your sister’s ex ignores the Section 75 letter? Another possibility, though more expensive, is to file for a temporary administration under Section 131A. This will allow an interested party to begin the administration of the estate without the will. This often will lead to the production of the will, if it exists.
So what does all of this mean? It means that there are options. The Probate Code has many of the answers, it only takes a good attorney to put them to good use. You have enough to worry about with the death of your loved one, leave the worrying to the attorney, that’s what he’s there for.
If you have an emergency with a probate matter contact me at (214) 519-8448 or email me at counsel@joshuatisdale.com
