Legal Question in Wills and Trusts in Texas
will probate
My great aunt gave my grandmother a piece of property about 6 years ago...and deed was changed over then. My great-aunt's husband's will has not been probatd yet...he died in 1997. My great aunt is dying and her son-in-law is greedy and says that she couldn't give it to my grandmother due to the will not being probated . My question is....does the fact that her husband's will has not been probated affect her giving away the property and what should I do to protect my grandmother in this matter.....for she has paid taxes and her son....my uncle has kept the land manicured for theis time and even before it was transfered over. Also to note...the land was given to my great-aunt by her brother in his will in 1991. Thanks for your help :)
3 Answers from Attorneys
Re: will probate
I agree you should find an attorney since you may have to fight for this, but normally property that you inherit is considered separate property and can be disposed of as you wish.
Re: will probate
You need a lawyer in my opinion. If the property was community property six years ago, it went to her on her husband's death. If it was separate property as you imply, she was able to give it away.
Re: will probate
You need a lawyer in my opinion. If the property was community property six years ago, it went to her on her husband's death. If it was separate property as you imply, she was able to give it away.
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