Legal Question in Wills and Trusts in Texas

3 part (?) Estate Probate: We live in TX, My Wife and older Sister (who is still UT resident) are Executors of parents Will, both deceased. Father past July 2008 Utah resident, Mother past Dec 2009 San Antonio, TX � she was a resident here for about one year. Parents had house in Utah, not occupied, 2 younger sisters living in UT are contesting the Will. Made call to local lawyer he mention that they would have to get a Probate Lawyer in UT even if she was a resident of TX when she passed away here. Is this true? The 2 younger sisters hired the same lawyer to represent them; that my wife and her sister use to produce the Will/Executor Document while they were still in UT and before Mother moved here, is this a conflict of interest? Can or should a TX Probate Lawyer be working these issues?


Asked on 2/18/10, 1:18 pm

2 Answers from Attorneys
Cheryl Rivera Smith The Smith Law Firm

You have a couple of issues. Was dad's will probated in UT? If not, it will need to be probated there and you will need a UT lawyer. Mom's will should be probated in San Antonio, but the UT property may require probate there as well, you should consult a San Antonio lawyer to go over specific issues. If Mom's probate was opened in UT, you should hire a lawyer there to file a motion to transfer venue to TX if San Antonio lawyer believes probate should occur in TX. Best of luck.

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Answered on 2/23/10, 1:33 pm
Donald McLeaish McLeaish&Associates;, P.C.

You were advised correctly by San Antonio lawyer..and if he is experienced in Probate, hire him..and there may be a conflict by Utah lawyer for sisters..but there needs to be help locally...as well..so don't look for simple answers..get a competent lawyer..and hopefullly the family is not torn apart by all this...

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Answered on 2/23/10, 1:35 pm


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