Legal Question in Wills and Trusts in Texas

lost will

mom had will done by legal aid in 1998--=mom lost her will & legal id is now saying that wills are only held for 5 yrs. & are never filed in court. mom passed on in july 2007--the heirs have no will. how do we probate a will if we none? What are each child's rights?


Asked on 8/28/07, 8:00 pm

1 Answer from Attorneys

Kathryn Perales PMI Oil Tools

Re: lost will

If anyone actually read the will, and can testify to its contents, then you may be able to probate the lost will.

If not, then your mother's estate will pass according to the laws of intestate succession. You will need to consult with an attorney about all of the facts and circumstances to determine whether the lost will can be probated, or whether an administration will be required, or simply an affidavit of heirship.

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Answered on 8/29/07, 9:48 am


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