Legal Question in Wills and Trusts in Texas

My mother passed in January,2009...She had made a will in 2003, and again in 2008...I know what firm helped her prepare the first will, and would like to know if I can get a copy of it ...Her more recent will was probated. She was married to my father when she passed, and he is still alive...


Asked on 5/10/11, 2:41 pm

1 Answer from Attorneys

Brian Thomas Burdette & Rice PLLC

If you know the attorney that prepared the earlier Will, and if they're willing to provide you with a copy, then you can certainly ask. But, I wouldn't hold my breath. Assume for a moment that your mother used the same attorney. The later Will revokes and replaces any prior Will. At that point, the attorney has next to no reason to even keep a copy of the revoked document.

Your larger issue is that the 2008 Will has already been admitted to probate. From the time that this document was accepted by the Court as your mother's Last Will, the clock has been ticking on any sort of challenge to the document, which I presume you're interested in exploring. At this point, even with the 2003 Will in hand, you're facing an uphill battle.

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Answered on 5/10/11, 3:43 pm


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