Legal Question in Wills and Trusts in Texas

Decedent.'s

Decedent died approx. Jan. 1, 2003 & had no ''Will'', had spouse of 23 yrs. & 3 adult daughters by previous marriage. Decedent's ''Estate Inventory List'' dated approx. 3/01/2003 by Appraiser. Ex-spouse steps in with lawsuit against estate and widowed spouse. Fast forward to Sept. 2006. Decedent's estate is still open & in legal controversy when Decedent's Widow passes away (with a ''Will'') leaving everything she owns to her sister. Decedent's 3 daughters' attorney is now claiming ''Community Property'' on everything left (that I can not prove otherwise with a receipt) and is insisting on auction sale (50/50) after auctioneer receives his 40%.

Question: Can this be legal or is there a ''Statute of Limitation'' that would prevent adding to Decedent's ''Estate Inventory List'' after 4 years in Texas?

Thank you very much and I really need an answer quickly.

(Dates may not be 100% accurate)


Asked on 6/06/08, 9:18 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Decedent.'s

It depends on what the judge decides after evidence is presented. There are many other issues here that should be analyzed by an attorney. Don't be penny wise and pound foolish.

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Answered on 6/07/08, 9:03 am


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