Legal Question in Wills and Trusts in Texas

mothers will not read, now stepfather past away

mother passed away may 2005, will supposedly stated that everything is to goto my stepfather.and vise versa if he were to go before her.my mothers will hasnt been read and now my stepfather has passed away august 2006. my cousin is executor of their will and he has filed for probate on the estate. but is going on what my stepfathers will states instead of what it states if they were both deceased. should my moms will be read first or would it be void? stepdad left estate to 5 of us to be split equally.me, my sister, my 2 sons, & a friend of the family. i have an 8 yr old daughter that is not mentioned in the will. can she be added to split the estate with us also or does she not get anything? what rights do i have regarding my moms will?


Asked on 9/16/06, 5:07 am

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: mothers will not read, now stepfather past away

Your mother's will should be probated for things to be distributed appropriately. If it is not probated within 4 years from date of death, then her estate would be distributed as though she died without a will which is different from what you say is in her will. The result would be that your step-father's estate would be different. Hopefully the court will catch it and make the requirement, however, you have the right to ask the court to open probate for her estate if her executor does not fulfill his or her obligation.

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Answered on 9/16/06, 4:21 pm


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