Legal Question in Wills and Trusts in Texas
Evicting relative
My mother in-law passed away 02-18-2007 and her Last Will & Testament has my husband and me as executors. In order to evict someone , do we need to probate the will if there are three witnesses?
2 Answers from Attorneys
Re: Evicting relative
Unless the will is filed with the court, you are not an "executor". You have only been named as an executor. The Court will recognize your appointment and grant you the powers under the will. If you don't know what your doing, better get a lawyer. It could save you a lot of money in the long run.
Re: Evicting relative
You might be able to do it with an affidavit of heirship depending who would otherwise take under the will or who would take under the intestate statutes if the will is not probated. Keep in mind that probate is quick and inexpensive in TX and you are probably being penny-wise and pound foolish. (no offense)
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