Legal Question in Wills and Trusts in Texas
probate
My mother has died just before christmas following my fathers death some years earler. my sister has the will and knows the cds and investments whereabouts.how can I get her to probate the will and divide with the four kids.She has the power of attorney to pay her--name removed--with her name on the checking account. thank you --name removed-
2 Answers from Attorneys
Re: probate
Well for starters, the power of attorney document dies with power grantor. Therefore, your sister's power of attorney document is no longer valid. Also, if you have a copy of the will, you can attempt to probate the copy. Otherwise, is there any other way to access the original will?
Re: probate
The power of attorney is no longer valid as your mom is now deceased. Your sister has a legal obligation to turn the will over to the probate court for probate. If she won't then have her give it to you and you probate it. Do you have a copy of the will or can you get a copy? Do you know who your mom's attorney is? Who does the will name as the executor? If the named executor won't take steps to probate the will, then any child, like you, can file for probate and get the court to order your sister to turn over the will. Let her then explain to the court where the will is and why she wouldn't turn it over. Don't delay too long as you need to probate your mom's will within four years of her death. Question..was your dad's will probated?
Good Luck
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