Legal Question in Wills and Trusts in Texas
Company wants the probated will - NOT Ltrs Testamentary - to put Shares of Company in heirs name? Are they entitled to actual Will?
1 Answer from Attorneys
No. If the person is deceased, the will goes to the court, where it stays. They can get a copy of the will, if they want it (it's a public record after it has been filed.)
My suspicion is that the will was filed as a muniment of title. In that case, they would want a court order, plus a certified COPY of the will, in order to carry out the expressed intent of the will. (In a muniment of title action, no administration is undertaken, and letters are not issued.)
So, my questions are:
1. Was the will filed for probate?
2. If so, was it an application for letters or a muniment of title?
3. Was there a buy/sell in place at the company?
Dave
Please read my disclaimer:
http://leonlaw.com/askalawyer/disclaimer