Legal Question in Wills and Trusts in Texas

Can a Probabted will be appealed after the fact of probation?

I have a question in regards to a will my grandmother had.

My aunt was made the executor of the will and my grandmother passed away. The will is supposed to be split among the 3 sisters equally but one sister ( the executor) is trying to be very very very greedy and get as much as she can. Can the will be appealed even after it has been probabted if the other 2 sisters don't like the way she divides everything correctly? THe will more or less says everything will be split in thirds but I don't have a good feeling. There is supposed to be a six month wait to make sure there are no leins on my grandmothers house and then the money will supposedly be divided. I just don't think she will split it evenly and so I wanted to see if we could appeal the will after it had already been probated? If so, is there a timeframe on the appeal?

Thanks,

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Asked on 10/13/02, 9:13 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Can a Probabted will be appealed after the fact of probation?

A will can be challenged if you believe it to be improper. However, it doesn't sound as if you have a problem with the will; rather you see a problem with the aunt's acting as executrix.

You can always challenge the actions taken by the aunt in a motion for accounting. That can't be before one year has passed from the date she received the letters testamentary giving her authority to handle the estate.

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Answered on 10/14/02, 9:20 am


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