Legal Question in Wills and Trusts in Texas
when to probate/read a will
My father-in-law died a week ago. He had a long term disease and had a will done. My husband is trying to get a copy but his step mother is delaying and saying that she cannot find a copy and doesn't remember where they did it.
When is it appropriate to probate the will? does my husband have rights?
Thanks
2 Answers from Attorneys
Re: when to probate/read a will
Your husband has a right, as his father's heir, to open the estate with an application to determine heirship if the step-mother is sitting on the will. If she fails to produce the will, he will take his share in intestacy. If she produces the will during the course of probate, then your husband's portion, if any, will be determined by the will itself.
An estate can be entered into probate almost any time after the decedent's death, and must be within four (4) years from the date of death if administration is required.
Re: when to probate/read a will
Whoever was named executor in the will has the obligation to produce it and probate it. If that is the step-mother and she fails to perform her obligations, the court may find her in contempt. Your husband can hire an attorney to file for an heirship proceeding if the will cannot be found.
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