Legal Question in Wills and Trusts in Texas

probate

Mom died 8 years ago and I have not probated her will it was a typed will notorized and she had land left to two granddaughters but I have a brother who it was not left to what do I need to do and with this being notarized and signed can he try to get half the land even though it was left to grandchildren and not me or my brother


Asked on 5/05/08, 4:27 pm

2 Answers from Attorneys
James Grissom Law Office of James P. Grissom

Re: probate

By failing to probate the will, you may have given your brother sufficient legal basis to contest the will. You only have 4 years to probate a will, unless it is lost, stolen or other good cause. You might have good cause. But just because a document is notarized does not make it a valid will. Your brother may just be in the chain of title now. Better get a lawyer QUICKLY!!

Read more
Answered on 5/05/08, 4:32 pm
Kathryn Perales PMI Oil Tools

Re: probate

The will needs to be probated as a muniment of title. You will need to get an attorney to help you. Since it has been over 4 years, there will be special citation and notice requirements. If you are the executor and you have been holding the will all this time, there may be complications, and someone else may need to act as executor. You should not delay any longer - the delay thus far has given your brother an opportunity to try to get half the land and thwart the will.

Read more
Answered on 5/05/08, 4:35 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Texas