Legal Question in Wills and Trusts in Texas
Probating of my fathers will
My father die in July '03 in one coumty but resided in another county. He had remarried and had a thrid child. His wife died in 1998. I have been told that he had listed my half sister the executor and that me and my brother (from his first marriage) are named in his will. I can't seem to get a copy of the will nor will she tell me the lawyers name that has the will. She claims the lawyer told her that she did not have to tell us anything. I am afraid that she will sale or give away my father property and not go by my father's will. Can she legally do this? I really don't even know if my brother and I or in the will or not. I need some advice on what I need to do. I am still waiting of the dealth certificate to come in. Also if we are in his will how will we really know? If we are not listed what are our rights to his estate? Does his 3 grandchildren have any rights if they are not listed? If I need a lawyer, do lawyer take this kind of cases on consignment?
1 Answer from Attorneys
Re: Probating of my fathers will
The will should be probated in the county where your father last lived. If there is a will, you can file an application to probate the will and force the will to be filed. If they claim that there is no will, then intestacy requires the determining of the proper heirs.
If she sells or otherwise disposes of property that isn't hers, she may be sued for the money, or criminal charges may be in order.
Lawyers will sometimes handle matters similar to this on contingency (they take a percentage of what's recovered) if the estate is large enough to make it worthwhile.
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