Legal Question in Wills and Trusts in Texas

My wife died recently. We had no will and i recently came across the will from her previous marriage. I unknowingly,gave it to her son whom in turn,handed it to his father. Her ex husband is taking it to court to get our house and property. Her son will be executor of the will. I have spoken to four attorneys.


Asked on 1/17/10, 5:24 pm

2 Answers from Attorneys

Ken Gober (Austin TX) Lee, Gober & Reyna

I'm not sure what question you are asking.

If the question is if old will is still valid, you should rely on the advice of the attorneys who have seen the document. But bottom line is, YES, the will could be valid and your wife's ex could walk away with your wife's half of the community estate.

You should find a good attorney!

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Answered on 1/22/10, 5:43 pm
Cheryl Rivera Smith The Smith Law Firm

First of all, maybe you haven't lost anything. The ex's gift in the will, if any, will be voided by the divorce - assuming the will was executed before divorce. Consult an attorney to see if you need to protect your rights as a surviving spouse.

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Answered on 1/23/10, 6:02 am


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