Legal Question in Wills and Trusts in Texas

revocation

I have an original will dated 1974 for a family member. There does not appear to be any other updated will. Is this a valid document or is there a law that would make it ''out dated''


Asked on 7/14/03, 11:42 pm

3 Answers from Attorneys

Dan Lively The Lively Law Group, PC

Re: revocation

So long as the will was valid to begin with, it is still valid unless it was revoked by a subsequent will. The mere passage of time will not invalidate the instrument.

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Answered on 7/16/03, 3:18 am
Basil Hoyl Law office of Basil Hoyl

Re: revocation

The statute of limitations on probate of a will is four years. That would be four years from death, not from writing the will. However, probate as a muniment of title sometimes extends beyond that if there is sufficient cause for failure to apply for probate. However, there are other statutes of limitation, such as the law of adverse possession and it can be relatively complicated.

http://www.reasonable-doubt.com

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Answered on 7/15/03, 1:34 am
Cheryl Rivera Smith The Smith Law Firm

Re: revocation

Valid wills don't expire. The time you have to probate that will from the date of death, however, is limited.

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Answered on 7/15/03, 8:24 am


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