Legal Question in Wills and Trusts in Texas

My mother asked me to prepare a will but she died before I could take it to her

My mother had been begging me to make a will for her to leave her condo (which is not paid off) and all of it's belongings to my son (who is only 17) so I listed myself as guardian but she said she did not want my sister or her 3 children to have any of it because at least 2 of 3 stole from her. She passed away unexpectedly this month from an apparent heat stroke in her condo when an a/c man came to replace a part and said he would be right back to fix it and he shut off the breaker to the a/c outside and never came back until the next day, anyway she had over $500 in her bank account at the time of death and since then I went to the bank to get my portion but they said she had 2 signature cards on file and no beneficiaries listed and that I would need a letter of testamentory or a letter of administration. She only had 2 daughters. She has a debt of 18,000 due on her condo and has said repeatedly in front of witnesses and in her own handwriting that she wanted my son to have everything in her apt but I know she would have left my sister and I her bank cash, my sister paid off all of her other debts. Now what? The bank says these things could take up to 6 mos. but for onl1/2 of $500 I'd like to try to do it myself. Now what?


Asked on 8/23/08, 3:37 pm

1 Answer from Attorneys

Donald McLeaish McLeaish&Associates;, P.C.

Re: My mother asked me to prepare a will but she died before I could take it to her

You need a lawyer..the wishes are not enforceable...only the will can be probated..and if no will property goes by law..to each heir equally and your son only gets what you would get.

But if the air conditioning person caused her death...he may be responsible..see a lawyer about that also.

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Answered on 8/23/08, 3:50 pm


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