Legal Question in Wills and Trusts in Texas

Confused

My Husband passed away in April and I was told by his Lawyer that I could homestead our place and live there the rest of my life,since he had this properity before we married and that I only had 30 days to do this from the time the will went into probate and that his will stated he wanted it all sold and left to his brothers and I wasn't mentioned in will. I have requested a copy of will 3 weeks ago and have never recieved it. Can they sell the property without my knowledge and exclude me out of it since I am his widow. Thank you for help


Asked on 6/06/05, 10:16 pm

2 Answers from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Confused

You'd best hire a lawyer. If you weren't mentioned in the will, it's exactly the same as if he died without a will insofar as you're concerned. You have an undivided 1/3 life estate in the real estate; it's your homestead and the brothers can't oust you from the property.

But you'll need someone to protect your interests! That won't happen automatically.

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Answered on 6/07/05, 6:07 am

Re: Confused

You need to make a "widow's election" to protect your interest. Get a probate lawyer in your county--FAST!

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Answered on 6/07/05, 6:51 am


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