Legal Question in Wills and Trusts in Texas

why would someone not want to probate a will?stepmother is wanting my wife to sign off of any part of fathers estate forever. dad had 3 children, step mom has one,,, wants dads children to sign off on any inheritance even after she dies,,,,and my wife was supposed to be executor of dads will,,,and we have never even seen a will. her attorney is faxing documents to my wife saying we could save the step mom 500.00 by signing off, so will doesnt have to be probated... i smell a rat


Asked on 6/01/11, 7:22 am

1 Answer from Attorneys
Brian Thomas Burdette & Rice PLLC

If you think that things don't smell right, trust your instincts at least to the point of getting your wife to sit down with an attorney. It isn't terribly uncommon for Wills to not be probated. However, it also isn't terribly uncommon for second spouses and original children to not view the situation from the same perspective. I've seen more probate litigation stem from those awkward relationships than I can count. Bottom line: No answer on this forum can possibly be complete or give your wife any real confidence in the situation. Sit down with an attorney and go from there.

Brian Thomas

Law Office of J. Brian Thomas

[email protected]

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Answered on 6/02/11, 9:57 am


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