Legal Question in Wills and Trusts in Texas
will
my grandfather died 2 years ago. Before that he moved away from my grandmother and was not divorced or leagally seperated, but he mad a will on his own saying that one out of his 8 children would recieve everything. my grandmother is still alive and wants to make a will of her own but is affraid that her son will contest it. My Question is how long is the will good for since my grandmother is still living and its been only2 years and can he fight her will that she rights?
1 Answer from Attorneys
Re: will
You have 4 years to probate grandfather's will - longer under special circumstances that are not stated in you inquiry. His will is only for his 1/2 of community property and does not effect your grandmother's will. The will can be contested only on certain grounds, e.g. perhaps your grandmother lacks capacity. Not a lot of capacity is necessary - only realize that she is giving away her property in her will and to whom. Not necessary to state reasons and not necessary to give every child a portion. Although some people devise a $1 and make a "no-contest" clause. A lawyer should be able to do this for a fair fee if you want to be sure that it is done right.
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