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?


Asked on 6/17/10, 5:42 am

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

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Answered on 6/17/10, 8:53 am


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