Legal Question in Wills and Trusts in Texas

My husband's Aunt and Uncle passed away at the beginning of this year. His Aunt died first then a little over a month later his Uncle passed. They both had wills. He is being told that his Aunt's will has to completely go though the probate process before his Uncle's will can go in to probate. Is this true?


Asked on 11/30/14, 6:16 pm

1 Answer from Attorneys
Michelle Scopellite Goldstein & Scopellite, PC

I would need to review both Wills and I would need to understand the assets of both estates that were left to distribute in order to decide on whether to Probate her Will, or not. Normally, that is the way it works - you probate the estate of the first person who passed away - unless she died with no property and had no claim to any separate or community property.

If your husband did not consult with a qualified Probate attorney, and if he did not bring with him both Wills and a list of the assets left to distribute for the attorney to review, then, I would suggest that he do so.

Goldstein & Scopellite, PC has qualified probate litigation attorneys, probate lawyers and estate planning attorneys available to represent you at either one of their law offices located in Dallas, Texas and Tucson, Arizona - Please visit their websites at www.LawyersDallas.com and www.Lawyers-Tucson.com for more information or to contact them. Thank you.

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Answered on 11/30/14, 11:38 pm


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