Legal Question in Wills and Trusts in Texas

TEXAS probate help for a mom not up front about will

Q: simply foR peace of mind i want to read my dads will. however, mom stated she couldn't find it & if she did it was 1970's. i am 33 yrs old, do the math. as a passed insurance lic and TX Real Estate Realator* i've learned a thing or two about will intestate etc. i asked her kindly several times since July 5th 06 was the will acknowleged, was it signed by and witness by 2 or more etc.. flustered about law abiding questions she said ''our'' attorney ha it. Then i asked when we should expect to hear from him and when was it going to be probated? she replied that no one was contacting me and all Real & Personal Prop was hers. yesterday she mentioned that ''her'' Attorney would be calling me for something (still no name). she said the will was unsigned and two of our family friends were to be there. that was that! QUESTION: DOES TEXAS still practice the surving spouse gets all & half of personal prop. and each kid two of us get 1/4 & 1/4? i mentioned it and she replied we get all when she dies. note: since the death several personal items of my dad's have been already sold. i love my mom & want the best for her but do i have some legal rights here. there is also a business practice here and total estate $1.5


Asked on 8/25/06, 7:37 pm

1 Answer from Attorneys
James Grissom Law Office of James P. Grissom

Re: TEXAS probate help for a mom not up front about will

I am not sure when your father passed away, but a will can be probated up to 4 years after death and longer with special circumstances. If you think there is a necessity to probate your father's estate, you can file for application to probate estate. That should get your mother's attention and identity of the lawyer. It will cost you some money, but could buy you peace of mind.

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Answered on 8/26/06, 9:43 pm


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