Legal Question in Wills and Trusts in Texas

Probating a will

My Mom and Dad built their retirement home in Donie, Texas in 1984. At the time they moved in, it was paid for. My Mother passed away in 1986. My Dad remarried in 1987. My Dad passed away in March of this year. My stepmother has bought another home. The home my Mom and Dad built is currently under a "Lease-Option to Buy" contract. My Stepmother says that my Dad left everything to her. I have requested a copy of the Deed to the original home and it still has my Mother's name on it. Can my stepmother sell that house if her name is not on the deed? Also, how can we get her to give us a copy of my Dad's will? I have asked her for a copy, but have not yet received it. I also asked the attorney who drew it up, but he says he did not keep a copy. Is it possible for her to destroy the will effectively cutting us out?


Asked on 4/16/98, 8:34 pm

2 Answers from Attorneys
Basil Landon Hoyl, Jr. Law Office of Basil Hoyl - Safeco Land Title

DESCENT AND DISTRIBUTION of real estate

http://www.capitol.state.tx.us/statutes/tocs/pb000200toc.html

But please note that sec 0042 was changed after your mother died. It would be important to know if your mother left a will and if so, to whom she left her property. Try the county clerk, probate division for the county of the last residence of your mother for probate records and do the same for your father. If the will has been filed, it will be there. You may well need a lawyer familiar with real estate and probate issues in the county where the real estate is located or the probate of the estates was had.

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Answered on 5/13/98, 1:53 pm
Weston Cotten Weston Cotten Attorney at Law

Texas Probate, Wills or no Wills

You should search the real property and probate records of teh county of the home your parents built and the probate records of teh county where your mother died also. Generally it is better to have an attorney search thses records, especially if you are not living locally. You could very will have a claim, but that can only be determineda fter seeing the wills of your father and mother. If the wills have been rpobated, then they will be filed in the county records where your parents died, or where they last lived. Good luck. If trhere are no probates you will need a lawyer to assist you in getting your inheritance rights. If there are wills, the terms of hte wills are controlling absolutely.

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Answered on 5/13/98, 7:06 pm


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