Legal Question in Wills and Trusts in Texas

contesting a probated will

I just found out about the passing of both parents. Thier deaths were in 2004 and 2005, bot had wills that were probated, yet I was never contacted. I also found out there was an estate probated. I haven't received copies of the probates yet, but if I was named but nothing was given yet to me, do I have a right to contest them?


Asked on 4/04/08, 4:41 am

2 Answers from Attorneys

Cheryl Rivera Smith The Smith Law Firm

Re: contesting a probated will

The probates are part of the public record. Check the probate office of the county of your parents' residence at the time of death. If you suspect an irrecularity, contact an attorney.

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Answered on 4/04/08, 9:10 am
Patricia F. Bushman BUSHMAN LAW OFFICES

Re: contesting a probated will

There is nothing that says that just because you are a child of the deceased you automatically get copies of the probate documents or that you are entitled to a portion of the estate. Keep in mind that Wills are usually made years before they are needed, and you can't be left something that no longer exists or that the Testator no longer owns at the time of death.

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Answered on 4/04/08, 11:56 am


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