Legal Question in Wills and Trusts in Texas

My stepmother died in May 09. She never probated my father's will upon his death in 2000. Of course, he left everything to her. Now, my step brothers/sisters want us four natural children of my father to sign waivers to any rights of his estate and the penalty from not probating the will. According to them, she left her kids everything, but we are not even sure there is a will for her. My sisters and I want to know if we have any rights here or could we protest the will? Thank you for your reply.

Terry


Asked on 8/18/09, 11:13 am

1 Answer from Attorneys

David Leon David L. Leon, P.C.

If you can show that the proponent for the original will wasn't in default (for the 2000 death) then you can probate it as a muniment of title. There really isn't much of a penalty. If an application has been filed for the 2009 death, then it's a public record, and you can obtain a copy of the will from the courthouse.

Read more
Answered on 8/25/09, 12:05 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Texas