Uncle promised large sums after his death; now, there’s nothing

Q. My uncle from El Paso never married or had children. For many years, he told me and my sisters that we would inherit large sums from him when he died. After he died a few months ago, his youngest sister (our aunt) informed us that we were not beneficiaries and that we would be getting nothing. She had been handling all of his financial matters for the last few years of his life. What can we do?

A. You should start by checking the probate records in El Paso County to see if your uncle had a will that was probated. If so, you can obtain a copy of his will to see who was named to receive his property and to check the authenticity of the document. You might also be able to see a listing of the assets he owned and their values if an inventory was filed. Inventories no longer need to be filed with the court, but not all lawyers know this. And sometimes, an executor will choose to file an inventory even though doing so is not required.

Since your uncle died only a few months ago, you might need to wait a few more months to give the executor time to get the papers filed with the court.

Importantly, much or all of your uncle’s property and investments might have passed outside probate. For instance, his home, bank accounts, brokerage accounts, retirement accounts, life insurance policies, and annuities could all have been set up to pass directly and immediately to one or more beneficiaries upon his death.

In other words, all your aunt had to do was get your uncle to sign a few forms (or she could have made some of the changes online as long as she had his usernames and passwords), and she could have made herself the primary beneficiary of everything he owned. No probate for those assets would be required as they would have passed directly to her.

It is possible as well that your aunt might have put all of your uncle’s assets into her name before he died. She might have had him sign a power of attorney giving her the legal authority to make the transfers to herself.

If your aunt took any of the steps described above, you

and your sisters will have a difficult time recovering any of your uncle’s property.

If your uncle had a will and you think he signed it under duress or after having been tricked by your aunt, you would need to hire an attorney to file suit. You would

probably be facing years of litigation.

If your uncle had no will, and you think your aunt made herself his sole beneficiary or put all of his properties into her name before he died, you would still need to hire an attorney and file suit to begin the process of figuring out what happened to your uncle’s properties.

Of course, your uncle might have decided on his

own to give his entire estate to his sister who was there to care for him and manage his finances over the last few years of his life. So even if she was the beneficiary of everything, it might have been entirely legitimate.

The information in this column is intended to provide a general understanding of the law, not legal advice. Readers

with legal problems, including those whose questions are addressed here, should consult attorneys for advice on their particular circumstances. Ronald Lipman of the Houston law firm Lipman & Associates is board-certified in estate planning and probate law by the Texas Board of Legal Specialization. Email questions to stateyourcase @lipmanpc.com.