Legal Question in Wills and Trusts in Texas

how long do you have to probate a will,how long is will good

my father died in 1989 leaving a small home and two lots. after my sisters death in 1997 i found a will in her papers where my father had made a will and named her and myself as executors.Now her son has taken the land he advised this was his land after her death. This land is a homesteed from my grandfather from 1897.can he do this by law.

Thank you


Asked on 5/06/98, 6:49 pm

2 Answers from Attorneys

Basil Landon Hoyl, Jr. Law Office of Basil Hoyl - Safeco Land Title

land title found, land title lost?

So, you should have had a title, perhaps. Being an executor is not the same thing as inheriting the land. There are also rules concerning adverse possession or limitation title. If you wait too long to regain your claim to land, you can lose your claim to land. Three, five, ten and twenty five year statutes of limitation could cause problems for many types of land claimants. You need to see a lawyer now, it may be too late, but it may not.....

This message does not constitute the hiring of this lawyer for any purpose. It is general information only and you should REALLY seek legal counsel immediately and hire them and pay them if you want legal information for your specific matter. This should merely be taken as general information for you to begin your research so that you will be better informed when you consult your lawyer.

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Answered on 5/28/98, 8:50 am
Weston Cotten Weston Cotten Attorney at Law

Wills & Probate and why

Texas law allows 4 years to probate a will, after wards you may be able to "probate" the will as a munimnet of title only, meaning you can record the will through the probate courts and the will will show how title vests. You should look in your father's will t osee who he listed as his heir(s). You should also check for your grandfather's will and see if ther ewas a probate, or if your father simply took his father's land bvecaue there was no one else. This is a problem that needs a lwaywer, becaseu you may avae an adverse possession claim building against your claim of the property. If your father left his interest in the land to your sister, then you may have no claim, but you must see his will, and your grandfather's will, if any. It gets complex without being able to ask more questions.. Find a good lawyer and have him straighten out the title problem

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Answered on 5/30/98, 8:41 am


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