Legal Question in Real Estate Law in Texas

My mom and dad had a trailer and lot in both of their names. My dad died 15 years ago and his will states that everything is left to my mom, or to me in the event of her death. Two years ago my mom went to sell this property and was told that since she did not have his will probated that she would have to get a sign off from my dad's three children. I am his step-child. She was never able to obtain a sign off from one of the sons as he wouldn't return calls. He lives in another state and neither of us had the means to travel.

My mom died last Friday. I have my dads will. Is it possible for me to have it probated? I need to sell this property so that I can pay for her burial. She had no burial insurance and no plot. Any advice would be greatly appreciated.


Asked on 11/19/11, 9:10 am

1 Answer from Attorneys
Donald McLeaish McLeaish&Associates;, P.C.

Wills must be probated within 4 years or the property goes to heirs at law...ie to your mother and all children...but now that she left a will, and it is probated, you would include your father's estate in the probate..which means the son who would not sign, will get legal service. Such a probate will be expensive..so it will depend on the value of your property. Visit a local probate lawyer for help..

Read more
Answered on 11/19/11, 1:37 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Texas