Legal Question in Wills and Trusts in Texas

My Grandmother died over twenty years ago,and I have purchased 5 of the 6 childrens share of the estate. Now one of the grandchildren says that he has a written document that wills him an acre of the land, but it is not recorded at the courthouse, also I have been shown onthe county records a the owner of the property and have been paying the taxes on this property and have maintained the property which doesnot have a house on it. There was no will at the time of my grandmothers death,and my question is,does he have any legal claim to anything other than his share of hi deceased fathers s fathers share of the land?


Asked on 8/02/10, 8:25 am

2 Answers from Attorneys

I would have to read the document that the grandchild has, and I would have to research the title documents that you executed in order to acquire your interest. Off the cuff, I don't see how an unrecorded instrument from 20 years ago can cloud your interest in the land. if it was a will, and it wasn't probated, then the statute of limitations has long since passed. Otherwise, you may have an adverse possession claim, if you have held the land out as your own, paid taxes, etc.

Dave

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Answered on 8/07/10, 8:55 am
Cheryl Rivera Smith The Smith Law Firm

A person has 4 years fromt he date of death to probate a will. I seriously doubt he has a claim, but an attorney should review the documents to make sure.

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Answered on 8/09/10, 8:55 am


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