Legal Question in Wills and Trusts in Texas
Changes to Will with Codicil
My mother passed away in Feb 2002, leaving a will dated Feb 1991, leaving her estate to be divided between the seven (7) children. (My Father passed away in 1995, leaving no will. Nothing ever was done with his estate.)
My second eldest sister is the excurtor of my moms will, but does not want to do anything(probate) because she might upset some of the others.
My eldest sister wrote out a Codicil in 1999(my Mom had had a lost of memory since the early 1990'S), she had my Mom sign it, with the one of her(my sisters) friends signing as a witness.
Do you think this Codicil is legal and what do myself and younger sister do now?
1 Answer from Attorneys
Re: Changes to Will with Codicil
First of all, you need a lawyer. Your father's estate needs to be probated as an heirship, then your mother's estate needs to be probated. The codicil, from what you've described, is probably not valid. It definitely can be challenged, although that's an expensive proposition. Your sister can be forced to probate the will, unless she's destroyed it.
Is the property worth fighting over?
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