Legal Question in Wills and Trusts in Texas
unfiled will
My grandmother passed in 2000 and had a will leaving everything to a trust. It was notorized, signed by grandmother, lawyer and a witness. We have the original copy, but it was never filed with the courthouse. My father, who has been in charge of trust passed away in Sept 2008. He remarried last year. The above mentioned will included mineral rights. Will my father's new wife have a claim to these mineral rights or will my grandmother's will be sufficient even though it is not on file at the courthouse? My brothers and I are the only beneficiaries to the trust which was disolved upon his death.
2 Answers from Attorneys
Re: unfiled will
You need to contact an attorney asap to protect your interests. The will should have been probated within 4 years from the date of grandma's death, however, you can file the will as a muniment of title, but will need help doing it. Good luck.
Re: unfiled will
If the will is not probated "in the courthouse", it is meaningless. You better find a lawyer who can help you, the will is already stale. Wills must be probated within 4 years. A good lawyer might be able to find you a loophole. Good Luck.
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