Legal Question in Wills and Trusts in Texas
My husband's will may have been destroyed
My husband and I had wills drawn up in 1995, leaving everything we had to each other. In 1998, we were separated and a divorce was pending. He took his will with him when he moved out of our home. Eight months later, he was injured in a motorcycle accident. One year later, he died. His family took over everything and are filing an application for my father-in-law to be appointed administrator of the estate. They claim there is no will, although they know that is not true. I have the original of my will, executed in the same law firm and on the same date as my husband's. What can I do to prove that he did indeed have a will when he died? We never were divorced and I am his surviving spouse. There is very much money involved. Thank you.
2 Answers from Attorneys
Re: My husband's will may have been destroyed
Contact the lawyer who drew the wills. He can tell you how to file a copy for probate with his affidavit.
Your problem is that your ex may have destroyed his will, in which case there is no will.
In this event if you are still married and there is no agreement otherwise, you inherit 1/2 of his estate by law.
Re: My husband's will may have been destroyed
If your husband intentionally destroyed the will, the court will presume he intended to revoke it, this leaving your husband with no will and dying intestate, unless he made a new will.
Regardless, community property laws will give you a substantial interest in his estate. The intestate laws will also give you a significant interest in the estate as well as an oppuritunity to become the estate representative should you desire it. However, you must move quickly to contest his family's actions.
If you are interested in proceeding and live in North Texas, give me a call.
John Pfister
972-712-9208
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