Legal Question in Wills and Trusts in Texas

Re: lost will

You state that your step-mother has the will, but you did not state whether the testator has died. You have no right to the will if the testator is still alive because the testator has the right to change it. It is possible that the will may be filed with the county clerk in the county where the testator lived or owned property. There is a procedure for getting a court order to have someone turn over a will to the court if they have refused to open an administration after enough time has passed since the death of the testator. An attorney can help you with this suit. You would need to show that you are named as the Executor/rix or that the named Executor does not want to manage the estate and you are not disqualified from doing so.

Re: lost will

1st go hire a good probate atty. He can start an administration and then see if that forces the will to surface. If not, and you think you want to go by the terms of the will rather than intestate succession, serve a subpoena on her.