Legal Question in Wills and Trusts in Texas

Was the grandmother's will probated? Assuming that it was, you would need a lawyer to read the grandmother's will, since your parent died before the grandmother. The will usually has a provision to address that, and that provision would control. (i.e. if one of my children predeceases me, then that predeceased child's share would go to x.)

Without reading the will, my best guess would be an heirship affidavit. This is a sworn statement that spells out the family history of the deceased child (presumably your parent.) I would recommend against doing this yourself. You're dealing with an interest in land. You can make a mistake that can be pretty expensive to correct. If you're on a budget, I would recommend meeting with a lawyer or title company to review the will and review what procedures have been done since. Many probate lawyers and/or title companies charge a small consult fee to review title issues such as this. At least then you'll know for sure what it takes to get your title issues addressed.

Dave

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Since your grandmother died before your great grandmother, your great grandmother's will could not transfer property to her as a gift cannot be made to a dead person.. The will must also be admitted to probate to transfer property.

Mr. Leon is correct in that most wills have provisions to deal with this problem. However some do not. You need to consult an attorney to review your great grandmother's will to figure out the next step.

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