Legal Question in Wills and Trusts in Texas
My grandfather passed away in 2001. He had a will.It involved 100 acres of land. Every one knew what was in the will, but it was never read. Now one of the heirs wants to change up the will. Wouldn't the will have to remain as he wrote it even though it has been nine years. Someone said that his will would no longer be any good even though that is what he wanted. Linda
2 Answers from Attorneys
After 4 years, a will can be filed as a muniment of title to real estate. An heir can't arbitrarily change the will, if there is no probate and no muniment filed, then the property would be divided according to the laws of intestate succession. You should consult an attorney to clear this issue up and protect your interests.
First, there is a statute of limitations on probating a will (bringing a will to court and having a judge rule that it's valid, etc.)
Where is the original will now?
If you can find the ORIGINAL will, AND you can convince a probate judge that you weren't in default for not bringing it to the probate court within four years of the date of death, then the judge has discretion to allow the will into probate, and the property would pass per the terms of the will. It's not a given, as the judge would have to decide.
If not, then the property would pass by either (1) the laws of Texas intestacy or (2) pursuant to an agreement of all heirs.
Dave
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