If my uncle had a Will but I was not mentioned in it, do I have a case?

UPDATED: Feb 20, 2012

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If my uncle had a Will but I was not mentioned in it, do I have a case?

I am his only living relative I was contacted by an attorney in another state regarding my uncle’s passing. The attorney that has my uncle’s Will did not know I existed and will not share any information with me. There is no executor of the estate yet. Do I have any rights?

Asked on February 20, 2012 under Estate Planning, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I would retain an attorney for the limited purpose of contacting this other attorney regarding the estate.  If you were contacted prior to the submission of the Wil for probate (before the executor is appointed) then you should receive notice of the Will being offered to the court and a copy of the Will.  This will start a time clicking to contest the Will if you so choose.  Not an easy thing to do.  The fact that he did not know that you existed is not really a basis to contest. And you have o absolute right to inherit. But it is worth taking a look at the documents involved.  Good luck.

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