Legal Question in Wills and Trusts in Texas
Failure to Probate Will within 4 years
My mother died in 1992 and left a will which was never probated. According to my father, the will is null and void, and he cannot sell his house without our consent because without a will, he owns half and her surviving children own half of the propery. Is this true?
2 Answers from Attorneys
Re: Failure to Probate Will within 4 years
It is partially true. The will may be probated as "Muniment of Title"; entry only to clear up title to property. It's too late to have an estate administered, but the will is still a valid will. If the will gives him his wife's portion, then he should be able to sell the property after the will is probated.
He may have tyo jump through some hoops to explain why the will wasn't probated earlier.
Re: Failure to Probate Will within 4 years
You raise several issues. Assuming we are in Texas, if the will is actually null and void, your mother's property moves via intestate succession. If the house is community property with your father, and all children are the product of your mother and father, then the house goes to your father, and he can do with it as he pleases. If, however, one or more children are not children of the deceased or surviving spouse, or if the house is separate property of either your father or mother, then the rules are very different.
This is my opinion only and does not constitute legal advise. A client/attorney relationship is not formed or contemplated by this response.
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