Legal Question in Wills and Trusts in Texas

My mother-in-law recently died without a will, but was named independent executrix of her husbands estate. She owned a house and some land, and of course everything in the house. Actually she did have a will that was written by me in 2008 and signed by her (I wrote what she wanted me to on some paper).

Her husbands will has a section about what is to be done with his estate in case they die 'simultaneously' which I've read means (in Texas) dying within 120 hours. Does the fact that she has a Letter of Testamentary and is named independent executrix mean that this section is not valid?

If it isn't valid and his will won't be looked at when determining who gets the house, and if her will is declared invalid does this mean that the estate will be sold and divided 3 ways (between my husband and his 2 siblings)? Since they are her only living close relatives.


Asked on 9/13/12, 11:29 am

1 Answer from Attorneys
Arthur Geffen Arthur H. Geffen, P.C.

Let's see if I can put this in order the way I understand it. Your father in law died and had a will that named your mother in law as Independent Executrix. You said she has or had Letters Testamentary for your father in law. If this is the case, his will would have had to have been probated and she would have been appointed by a court to serve as Independent Executrix., The fact that she passed (with respect to your father in law's estate) means that whoever was appointed second in line to be executor will need to be appointed to finish takeing care of his estate.

A will written by you and signed by her as to her estate is going to be problematic to prove (probate). Depending on what that paper that purports to be the will says and who can testify that the signature on it is hers (has to be somebody outside of the family), it may be easier to let her estate pass according to Texas Intestacy laws. Depending on the value of the estate, there are some inexpensive ways to get this done , but at the same time if nobody is going to agree and the estate has value above $50,000 then it will take time and money to get it done.

Contact a lawyer who does probate matters near you for some additinal help

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Answered on 9/13/12, 11:56 am


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