Legal Question in Wills and Trusts in Texas
Implications of Failure to Probate a Will
My mother died two years ago, leaving an old but valid will. Because of a lack of mobility due to poor health, my father has not probated her will; the prospect of making his way through all the required wickets in the Lubbock County courthouse, even with someone pushing him in a wheelchair, is simply too daunting. He recently sold the jointly-held house, which seemed not to be legally problematic. The closing was done in his assisted living apartment. The only property of any significance my mother owned by herself is a checking account, in a local bank, valued at about $6000. There is also a life insurance/annuity policy which still names her mother, who died 30 years ago, as the beneficiary. I suspect it's worth a few thousand dollars.
If my father never goes through the probate process, what happens to my mother's estate. I understand the time limit in Texas is four years--but what happens after that? My Dad doesn't need the money at present; however, if his health continues to deteriorate to the point that he requires long-term nursing care, he may.
Any advice you can offer will be greatly appreciated. Thank you.
1 Answer from Attorneys
Re: Implications of Failure to Probate a Will
Your father doesn't have to go through the system. If the estate is worth it, hire a lawyer to probate the will. If you explain the situation, you should be able to have it handled smoothly and expeditiously.
If you wait until more than four years have passed, then the will could only be probated to change title to property (probated as muniment of title). You'll also have to convince the court that there was a good reason for not probating the will before-hand. Probate it within the four-year period if you need letters of administration to handle the affairs of the estate.
If nothing is done, eventually the bank will turn the money over to the state, and the insurance company will pocket the annuity.
Was your grandmother's estate probated? If so, the annuity may flow through her estate in probate, unless there's an alternate beneficiary, or the annuity may revert to your mother's estate.
Contact the insurance company, let them know your mother has died, and that your grandmother passed away about 30 years ago. You may need to get your grandmother's death certificate to show the insurance company. They'll tell you what to do next.
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