Legal Question in Wills and Trusts in Texas
My mother passed away this year. I am the executor of her will. I need to sell her house, however, it is in both her and my dads name. he has been dead 23 years. My mom never probated his will which said he left everything to her. What do I need to do? Can I do whatever myself or will I need a lawyer, there is no other money or assets in her estate to pay for anything. I live in San Antonio. Thanks for the responses.
1 Answer from Attorneys
It may be possible to probate the dad's will as a muniment of title, but you're going to have to convince the judge that you weren't in default for not getting to it sooner. With a 23 year gap, it's a tall order. Did your father have any children outside the marriage (i.e. do you have step children?) If so, you can do an heirship affidavit to clear his name from the title. You should probate mom's will. Yes, you should use a lawyer to do this.
Dave
http://leonlaw.com