Legal Question in Wills and Trusts in Texas
My father finally found our deceased grandmothers Will.
Just recently my fathers mother passed away - we found a sealed envelope in her safety deposit box address to the children saying it was to be opened at the time of her death. We believe this is her Will - my father and his older sister are the executors and also have power of attorney. Can they open the envelope without having an attorny present or can the letter be opened at a family meeting? Or does the Will need to be opened and read by someone from the court? We have never had to deal with a Will before. Unfortuntaly we have some family members that might not like what they hear in the Will and we would like everything done properly and with no mistakes.
1 Answer from Attorneys
Re: My father finally found our deceased grandmothers Will.
A will does not have to be read by an attorney or by a court for the first time. Most executors have copies of the will in advance, in order to hire counsel, etc. You can read it at your family meeting. You will have to put the will through probate, though, unless you come to a family settlement agreement to do otherwise.
If you are worried about what's in there, you can have an attorney open the envelope and read the will. The attorney can also determine whether or not it is a will in accordance with Texas law. Further, if all of the will's beneficiaries agree, you can distribute the property however you wish under a settlement agreement.
Please feel free to call or email if you have further questions.
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