Legal Question in Wills and Trusts in Texas

will

Can an ex-husband of deceased wife, who is contesting her will, that was willed to her mother, go ahead and put HER home that was given to her in divorce, in HIS name and move back to that home, before the case has been heard in court and settled? I am her mother and am understandably very upset. It will be 2 years Nov. 9th that my daughter passed away and although I gave my deposition, her ex has not been given his and nothing is being done and the ex is living ''high on the hog'' as they say, in HER home which was willed to me. What are, if any, the consequences for him just ''taking over her property'' without anything being settled? HELP.......This is in TEXAS and I live in WI.


Asked on 11/07/07, 7:36 am

3 Answers from Attorneys

Re: will

You need Texas counsel--YESTERDAY. If the property is yours and she has fraudulently transfered it to herself, there can be serious consequences. However, you need to act to protect your rights. (your rights in the property are not self-enforcing)

I strongly recommend your obtaining counsel in the county where the property is located.

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Answered on 11/11/07, 5:15 pm
Thomas Schober Schober Schober & Mitchell, S.C.

Re: will

This deals with Texas law and you will need a Texas attorney. If you have one already, ask him/her what's going on. It doesn't sound right to me. But you really need to get someone representing you in Texas immediately.

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Answered on 11/07/07, 10:23 am
Cheryl Rivera Smith The Smith Law Firm

Re: will

Please contact a Texas attorney ASAP to protect your interests - one who handles probate and who is in or near the county of your daughter's residence. If what you say is true, you may also be entitled to the FMV of the rent you would have been entitled to as a result of his use of the property. Time is of the essence!

PS - My husband is from Racine and he is looking forward to seeing the Packers play the Cowboys at Texas stadium on 11/29.

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Answered on 11/07/07, 11:29 am


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