Legal Question in Real Estate Law in Texas
My husbands grandfather had some land that was in his name only. He passed away almost 5 years ago and we do know that there was a will. My husbands grandmother will not let us see the will. We would like to know what will happen to the property. My husband does have an aunt and his dad passed away many years ago. My husband is the only son and the only grandchild. Will the property be split 50/50 between his aunt and himself? Does his grandmother have any intrest in the land? What are our options?
1 Answer from Attorneys
If the will was probated, it will be of public record. Check with the probate clerk in the county in which your grandfather resided. If the will was not probated within 4 years, the property will pass under intestate succession. How it passes will depend on whether grandfather had children outside of his marriage and/or if it was separate property.