Legal Question in Wills and Trusts in Texas
Forcing Probate
As executor of my father's will, I had it probated 3 months after he died in May, 2007. Texas is a Community Property State, so he left his 50% of his Estate (just a house worth about $50K) to his 5 adult children. The other 50% went to his wife (my stepmother). He also gave her a Life Estate in the house.
In Sept of '08, she died and left all of her interest in the house to her only son who was living in the house with her. He says he wants to sell the house and divide the proceeds. But it can't be sold until her will is probated.
It's been six months since she died and he claims that he can't afford to probate. I suspect that he's in no hurry because he's living there for free.
Is there any way I can force him to probate the will in order to proceed with the sale?
1 Answer from Attorneys
Re: Forcing Probate
You can't force him, but you can probate the estate of your step mother as a person interested in the estate. Contact a good lawyer. Good Luck.
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