Legal Question in Wills and Trusts in Texas
do all people mentioned in a will need to be notified when will is executed
I know I was lised in a will with my mother and I believe I know what the will stated but she will not let me read will of the deceased. She was going to sale property has sold some already, but I have not been notified by anyone of the reading of the will or the probate of it. How should I proceed? Thank You
2 Answers from Attorneys
Re: do all people mentioned in a will need to be notified when will is executed
Per Section 75 of the Texas Probate Court, the person having custody of the Will has a duty to deliver it to the clerk of the probate court.
If your mother will not let you see the will, you can file a sworn written complaint to the probate court and have your mother served with notice to appear in court to show good cause for not delivering the Will for probate. If she does not then deliver the Will or show good cause for the non-delivery, she may be subject to arrest, imprisonment, and/or damages.
Re: do all people mentioned in a will need to be notified when will is executed
If the will has been filed in the Probate Court, you can request that the court allow you to view the file and read the will. It is of public record.
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