Legal Question in Wills and Trusts in Texas

Re: Making a Will

I am so sorry to hear about this. I hope you and your family are coping well.

I do have a few questions. Where was your brother living when he passed away? If he was a resident of TX, then you will need to repost your question in the TX attorney forum. If he was a resident of CA, then here is my summation on the situation as you explained it.

Generally, the last will in time controls, but there can be variations, especially if he did not specifically revoke all prior wills in the most recent one.

Since he owned assets in excess of $100,000, then there is no question (in CA) that you will need to start a Probate proceeding. Unfortunately, a will does not avoid Probate. It does direct how the Court is to distribute assets, but it does not keep the matter out of the Probate Court.

For this, I STRONGLY suggest that you retain an attorney experienced in trusts, wills and Probate. I am happy to offer our firm's services to any resident of CA, be it you or your late brother.

I also suggest that we discuss this matter further in a private forum. I can be reached at the phone number and email provided by LawGuru, or through our firm's site located at No-Probate.com.

Again, my sincerest condolances on your loss.

Scott Linden

Please note that this answer is not to be considered as creation of an attorney-client relationship and it is based solely on the information provided. Your issue may be time-sensitive and contacting an attorney is the only true assurance that the information that you receive is correct and specific to your situation.