Legal Question in Wills and Trusts in Texas

Not if the new will was not signed. The only other option would be to show that the rich sister was not qualified to be an executrix.

Did you file and record the deed with the county before he passed away?

If yes, a qualified and experienced Probate Attorney should be able to help you (and the other person) keep the property.

Next, Texas law states that because your father passed away before the new Will was signed, the old Will will stand, and your sister will remain the Executor of his estate. Had a new Will been signed in his weakened state, your sister could have argued undue influence and that your father was incompetent and lacked the capacity to sign at that time.

In Texas, a Will only transfers or bequeaths to the heirs stated in the Will, the property remaining in the estate. If the property transferred before he passed, it is no longer part of his estate to distribute.

Also, from what you wrote, if the the home was deeded to you (and the other person) before he passed away and if you recorded the deed with the county before he passed away, the property should go to you (and the other person). Of course, your sister can still litigate this transfer in Probate court. If she did, the attorney would need to show that your father was of sound mind and not influenced at the time he deeded the property to you in his weakened state, You will need to retain an experienced Texas Probate Attorney who can research this matter for you and you should plan on your sister litigating this matter in Probate court, if there is any question of fact or law to be heard by the court.-

- Goldstein & Scopellite, PC has qualified Probate Litigation Attorneys, Estate Planning Lawyers and Wills & Trusts Attorneys available to represent you at either one of their law offices located in Dallas, Texas and Tucson, Arizona - Please visit their websites at www.LawyersDallas.com and www.Lawyers-Tucson.com for more information or to contact them. Thank you.