Legal Question in Wills and Trusts in Texas
Texas Estate
My grandfather is still living, but is going to will his estate to me in a couple of days. The estate was never probated, but was initially willed to my estranged father and my uncle (who is now deceased). My deceased uncle has three children, none of which have been around since my grandmother passed some twenty years ago. My question is does my father or my deceased uncle's children, have any say in what happens once the estate is willed? Is it better to probate the estate or will it?
4 Answers from Attorneys
Re: Texas Estate
A "will" is only a documentary expression of the deceased's wishes for the disposition of his estate. Unless the estate is probated in a court, the will has no effect. Seems your family, like so many others, got their legal terms mixed up with their intentions; and you are soon to inherit a can of worms and a lot of headaches. You better see a lawyer. Sounds like there are all kinds of heirs out there with claims on the estate that you think you are about to inherit. Good Luck.
Re: Texas Estate
The only Will that counts is the one in effect at the time of death. Previous versions with previous beneficiaries are normally revoked when new Wills are made.
You can't/don't inherit anything or have any claim in anything until the person making the Will dies. Probates are done after the person making the Will dies.
You and your grandfather really need to talk to a good probate attorney. There are other things he can do if he wants you to have the property now.
Re: Texas Estate
I think you are confusing terms, but in any case, there could be some big issues. It is best for grandfather to consult an attorney to make sure his wishes are properly carried out.
Re: Texas Estate
You and your grandfather need to speak to an attorney..one does not "will" anything before death...but may make a will which must be probated to transfer property after death...call a lawyer
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