When you don't need to contest a will but just obtain your inheritance.
Obtaining Your Inheritance
TexasInheritance.Com
No will so there is no will contest but someone has what is yours and you need to obtain it. How do you do that?
There is a will but you can't or don't want to contest it. You just need to obtain what is yours under the will.
You just found out about your inheritance rights and need to obtain them. You didn't know your relatives or found them through DNA.
Heirship Proceedings
How to obtain your rightful inheritance.
Inheritance disputes involve more things than will contests. A will contest involves someone trying to prevent a bad will from being probated. Often, there is no will, or there is a will that doesn't need to be or can't be contested.
Someone has control over the property, some of which may be your property, and you need to obtain control over that property. That is where heirship proceedings are involved.
An heirship proceeding is a court proceeding that determines who the rightful heirs are and what property they own either under the will or through intestate succession if there is no will. Once the heirs are determined, then the property is theirs.
Timelimits
People who die after January 1, 2014
For people who die after January 1, 2014, there is no statute of limitation period for an heirship proceeding. It can be started any time.
People who died before January 1, 2014
The law that removed the statute of limitations period for heirship proceedings only applies to those who die after January 1, 2014. Does that meant if your case involves someone who died before that date you can't do anything? No. Even for cases where the decedent died before that date, there are procedures and methods to obtain your inheritance but it is a more complicated situation.
What should you do?
If you have an issue where you believe that you have an inheritance but someone else has control of your property, contact us and see if we can help.
Robert Ray
Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. We handle cases all across Texas. Our principal office is in Lantana, Texas (DFW area).
Why Us?
Inheritance disputes involve someone who has taken advantage of the elderly. These cases are complicated and most often, but not always, involve outsiders. We represent you knowing that these inheritance disputes are private and painful family matters. We know this is a stressful time for you. We strive to obtain the quickest and best results possible so that you can get this troubling episode behind you.
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This page is general information about Texas law. It is not legal advice about your situation, and reading it does not create an attorney–client relationship. These matters turn heavily on specific facts and specific dates, and the law has exceptions this page does not cover. You should not take, or refrain from taking, any action based on this page. Discuss your circumstances with an attorney who can advise you on them.