Legal Question in Wills and Trusts in Texas
''Will''
A house was left to me by a deceased cousin in her will. My cousin stipulated in her will that insurance money left to her sister was to pay off both of her houses. The will has not been probated and the houses have not been paid off. I stopped paying rent on the house to my cousin, hoping she would go ahead and pay off the house. She has not done it yet. She continues to pay the rent on the house, I guess from the insurance money. Is there anything legally I can do to get the house I'm living in paid off. The house needs lots of repairs and because its not in my name, I can't get a homeowners loan for the needed repairs. I'm doing them a little at a time. Please advise.
2 Answers from Attorneys
Re: ''Will''
Until that will is probated, you don't have any standing to do anything. The will requires that the property be put in your name, but until that will is accepted as a proper legal document (probated), the property remains in your deceased cousin's name.
Please take a look at our website, www.bradie-law.com, and see the information we have available for Texas probate.
Re: ''Will''
If the insurance policy was payable to the estate, then the will needs to be probated ASAP.
If you know who has custody of the will, you can petition your county court (or county probate court if you have one) to order the custodian of the will to deliver the will to the court clerk.
After that, the executor can collect the insurance proceeds and pay off the houses.
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