Legal Question in Wills and Trusts in Texas

Re: Probating a will

You have a couple of questions there, so I will try to get to them one by one.

>I need to know what does probating a will have to do with real estate property that was undivided but not mentioned in the will after death?

Well, it depends on the wording of the will. Most modern wills provide that any property left in the estate but not mentioned in the will should become the residual estate, and there will be further instruction on the residual estate's disposition. If there is no such mention, then that property would pass via a partial intestacy.

> My aunt and I went into an agreement to have some land surveyed and partioned,but before we could complete the transaction , my grandmother died, my aunt probated the will which was left, but the property wasn't mentioned.

Did grandmother already sell the property to you? Did she sign the agreement?

> My mother which is her sister, didn't agree in the way that the land was to be divided that was my grandmother's part, what will the aunt be able to do as for as being the executor of the will.

That depends on what was signed prior to the will (ie the agreement that we mentioned earlier) and the language of the will.

> My aunt other brothers signed the undivided land over to my mother and aunt after my grandmothers death. My question is, Will probating the will give my aunt the authority to make decisons on my mothers part of the undivided land ?

I would have to read the will and the prior contract to determine that.

> With the land being in both of there names.

I'm not sure whose names are on the property, but that does make a difference.