Legal Question in Wills and Trusts in Texas

Texas probated will
My husband's uncle died several years ago and left a will that left his property to his wife for as long as she lived, but upon her death the property was to go to my husband and his sisters. The two had no children together. His wife died last month and had made a will several years after the uncle died. The will left the property to her grandchildren. Does her will override his?

Asked on 4/29/09, 3:02 pm

3 Answers from Attorneys

Patricia F. Bushman BUSHMAN LAW OFFICES

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Re: Texas probated will

You really should make an appointment and sit down and talk to a good probate attorney. This may be much more complicated than you think.

If the property your husband's uncle owned at the time of his death was community property, all he could leave to anyone was his 1/2 community share. The other community share was his wife's and hers to do with as she chose during her life and after her death. If it was separate property, she would not have the right to leave it to anyone because you cannot bequeath what you do not own.

Answered on 4/29/09, 4:25 pm

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Donald McLeaish McLeaish&Associates;, P.C.

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Re: Texas probated will

I agree with comments of Ms Bushman. The will your uncle left may not be valid because it was not probated within 4 years..but call us and we will be happy to discuss the case. Normally competent lawyers can settle matters without a lawsuit..but probate is necessary to make a will effective or the estate passes as set forth in Texas law.

Answered on 4/29/09, 4:56 pm

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