Legal Question in Wills and Trusts in Texas

Sister was sick in hospital, lawyer had her sign him as executor in her estate 2 days before she passed away. She was not of sound mind. Lawyer did not contact anyone in family until she passed and now saying there was little money in her estate, which there is probably close to 900.000 - what can we do?


Asked on 11/18/11, 8:20 pm

2 Answers from Attorneys

Donald McLeaish McLeaish&Associates;, P.C.

hire a probate lawyer asap....call the local bar association or the State Bar for a lawyer..or call us..

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Answered on 11/19/11, 8:54 am
Brian Thomas Burdette & Rice PLLC

Anything you want to do will take the assistance of a lawyer to help you with it. For starters, a lawyer can help you can get the Will out in the open. You can force the lawyer to make it public by a variety of means. Once you see it, and once he or someone else files it for admission to probate, you can challenge it. "She was not of sound mind," is going to need to be backed by substantial evidence proving your sister's lack of capacity. The burden of proof is very heavy, and many claims like yours fall short. An attorney can help you pinpoint the kind of evidence you need, help you find it and help you honestly evaluate your chances of success if you don't find it.

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Answered on 11/21/11, 7:48 am


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