Legal Question in Wills and Trusts in Texas

Re: Probating a will

There are a number of ways to compel probate of an estate. You may not get a independent estate but you can force a probate court to appoint an estate representative that will divide the estate.

Any heir or creditor is most likely the best person to bring an action to have themselves appointed estate representative. Under state law, if someone has a copy of deceased person's will, they must preserve it. You may want to contact your father-in-law's attorney to see if they have a copy of the will.

Good Luck and call me if I can be of help.

John Pfister

972-712-9208

Re: Probating a will

The statute of limitations for probating a will is typically four years from the date of death, unless their is some circumstance.

If you think that she is holding on to the will in bad faith, you can always attempt a court action. If your wife is an equal intestate heir, you can have her make an application for administration, citing your relatives inability to set the will for probate.

If you have a copy of the will, you can put the will up for probate yourself, and you can even sue to have her removed as executrix, and your wife appointed.

I'd have to see a copy of the will before I did anything, however.