Legal Question in Wills and Trusts in Texas
Probation of Will
My sister died a month ago. She had a son from a previous marriage that was not adopted by her current husband. Her husband is very distrustful and has not shared much information with us. My mother believes that my sister did have a will, and my brother in law has said that he is taking care of it and that her will is being probated. My question is how does the process work. If her son or other members of the family are mentioned in the will, will they be contacted by the attorney for a reading of the will or will it be left up to my brother in law to let us know the contents of her will? How long does it generally take to have a will probated?
2 Answers from Attorneys
Re: Probation of Will
Any will executed by your sister should be offered for probate in the county where she lived at the time of her death. You can, therefore, check with the county clerk's office to see if an application for probate of her will has been filed. If one has been filed, then the will should have also been filed and you can secure a copy of the will from the clerk's office.
If an application is not offered within the next few months, an application for administration of your sister's estate could be filed -- this should have the effect of causing your brother-in-law to come forward with any will that exists.
Re: Probation of Will
The son should have been given either notice or a waiver of notice if the will had been filed for probate. If the will has not been filed, then you can force the issue. There is a law in Texas by which you can petition a court to force the custodian of a will to present the will to the court. Once the application for probate has been filed, then you can get a copy from the court. If there is no will then the son, or his guardian, can apply to administer the estate.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
