Legal Question in Wills and Trusts in Texas
copy of will
My father died Feb.2003 and I have a stepmother and she said that he has a will and left everything to her. How can I get a copy of the will because she is not willing to give a copy and do I have any rights?
2 Answers from Attorneys
Re: copy of will
Per Section 75 of the Texas Probate Code, the person having custody of the Will has a duty to deliver it to the clerk of the probate court.
If your stepmother will not let you see the will, you can file a sworn written complaint to the probate court and have your stepmother served with notice to appear in court to show good cause for not delivering the Will for probate. If she does not then deliver the Will or show good cause for the non-delivery, she may be subject to arrest, imprisonment, and/or damages.
Re: copy of will
You would have to force the issue by either taking action under Sec. 75 of the Probate Code to force production of the will as a matter of law, or if no will, an application to determine heirship (which would give you and your siblings an undivided half interest in your father's estate).
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