Legal Question in Wills and Trusts in Texas
Probating a will
Why can't a irrevocable will be probated before the person dies? If it is not going to change, and I want to be sure my will is in the hands of the court, can't I take it there myself, before I die? Or is there another way this can achieve the same thing?
1 Answer from Attorneys
Re: Probating a will
The only way to make a will irrevocable is to die. Even then, there is no assurance that the will will be probated. The beneficiaries and heirs could get together and work something else out.
If you want the property to be distributed in a certain way, you will need to convey it before you die. That is the cheapest approach. It is also the most certain. For those who want to keep the use of their property, it needs to be given to an entity that will outlive you, such as a trust. In the trust document, you can spell out what you want to happen to the property upon your death. It is much more likely that the trustee will follow your instructions. Of course after the distribution, everyone can get together and make a different settlement.
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