Legal Question in Wills and Trusts in Texas
Denial of Will
My mother passed away 2 yrs. ago, and left a will. She designated an executor with my 3rd sister. (8 of us.) This sister lived with mother approximately 6 yrs. prior to her death. Mother willed her 1/2 of the home she lived in(with the sister) and the other half to the rest of the 7 children. She had a 40,000 dollor CD, in which she said in her will was to be divided amongst all of the children evenly. When my sister read the will 2 days after mother passed away in my home, we were so emotionally distraught that we all decided to give this sister the other half of the house as recompense for taking care of our mother. did sign a paper stating such. Shortly thereafter this sister told us that she took mother's money and used it all to pay down the mortgage on the house without our consent or knowledge. We have never been allowed to actually view this will and supposedly there has surfaced another one according to this sister and others. I have verbally requested to see the will and also have called the lawyer who drew the will up for my mother before her death, and he tells me I must get it from this sister. What is the statue of limitations in which will must be probated? Respectfully,--name removed--
1 Answer from Attorneys
Re: Denial of Will
The will should be probated within four years from the date of decedent's death. It must be probated within four years if the estate requires administration.
If you know where the CD was kept, you might be able to find out how your sister was able to cash it in. It might also be worthwhile to see if the will itself has been entered into probate in the county where your mother lived.
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