Legal Question in Wills and Trusts in Texas
Did not have the will probated 17 years ago
The husband died 17 years ago and left a will which was never probated. There is considerable property and royalties in the estate. There is also several children involved besides the wife(still living). Since the husbands will was never probated , does the children automatically inherite one half of the estate? The will left everything to the wife but since no probate occured do the children have a portion of the estate.
1 Answer from Attorneys
Re: Did not have the will probated 17 years ago
The will can still be probated as muniment of title. The time has passed when the estate could be administered, but the will can show how title should pass to the properties. In order for the children to get one half, they would have to move to have heirship determined, and swear that there was no will. That would be perjury, and not advisable. The safest course would be to have the will probated. The wife then could make distribution by will, or the children would take evenly if she died without a will.
If the will isn't probated, and the wife dies without a will, the lawyers will get wealthy while unscrambling the mess, because the husband's estate must first be cleared up in order to determine what the wife may have had.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
