Legal Question in Wills and Trusts in Texas
sole Beneficiary
My father passed away and had a will that left his home to me only. I have a brother and a sister that are not named at all in the will. Do I have to have the will probated to sell the property. What is the procedure?
Asked on 5/22/02, 8:16 pm
1 Answer from Attorneys
Peter Bradie
Bradie, Bradie & Bradie
Re: sole Beneficiary
You could probate the will as muniment of title.
If your brother and sister are also your father's children, they would take their intestate portion; 2/3 of your father's estate (1/3 each). If they're not mentioned in the will, then they take as if there was no will.
You may be the sole beneficiary of the will, but it takes more than simply ignoring someone to disinherit them.
That will require a probate procedure called determination of heirship.
Answered on 5/23/02, 10:08 am
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