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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33769
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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CAN I GET MY UNCLE ESTATE AFTER HIS DEATH? his wife was last

Customer Question

CAN I GET MY UNCLE ESTATE AFTER HIS DEATH ? his wife was last to die, they has no childrens, she has no sisters, mother, or father living. We don"t know where she came from and cannot intouch with her family. her estate has been in the state treasury for 26 yrs., it came out for debts to be paid. I was told I cannot get it because i'm a neice. neice of the husband, and it has to be someone on her side of the family. both died with no will. I live in the state of texas. if I cannot get it it goes back to the state.
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: What documents or supporting evidence do you have?
Customer: My grandfather birthcertific
JA: Anything else you want the lawyer to know before I connect you?
Customer: My grandfather is my uncle son. My mother is my uncle sister. My uncle wife has no relatives to be found.
Submitted: 1 month ago.
Category: Estate Law
Expert:  Barrister replied 1 month ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Did anyone file a probate case for aunt or uncle to settle their estates?

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thanks

Barrister

Customer: replied 1 month ago.
no. THE ESTATE WENT TO STATE OF TEXAS. IT WAS THER FOR ABOUT 20YRS. UNTIL ATTORNEY WAS LOOKING FOR ESTATES CASES AND DECIDED TO SETTLE THIS CASE. WHAT I WAS TOLD. HE RAN AN ADD IN THE CITY NEWSPAPER AND THIS IS WHERE I CAME IN TRYING TO GET THE ESTATE. THE ATTORNEY TOLD ME I HAD TO BE A FAMILY MEMBER OF HERS, NOT MY UNCLE, SINCE SHE DIED LAST.
Expert:  Barrister replied 1 month ago.

Ok, unfortunately that is correct. If uncle died first, and he was your blood uncle, then all his assets would go to his wife, who you aren't blood related to. So she would inherit everything and then when she passed, only heirs from her side of the family could claim her estate. There has to be an heir somewhere... a distant second cousin.... a niece or nephew's child... someone....because everyone had parents, grandparents, and normally siblings.

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So if you traced her family line back far enough and then out and down, you can find someone who would have a legal claim to the estate. If you can find that person, you could enter into an agreement with them to divide the assets in return for you providing the information about where they were and how to claim them.. But you wouldn't want to divulge that info prior to getting a signed agreement because they could then just go around you and claim everything.

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But no, unfortunately, you couldn't ever legally claim the assets because they descend on aunt's side of the family.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

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