Legal Question in Wills and Trusts in Texas
Will in Tx, but died in Fa
A parent wrote up a will as resident of Tx but died August 2003 in Fa. The siblings in Tx have not received a copy of the will. Does the will have to be probated? Can the surviving parent take everything without probating the will?
Asked on 10/19/04, 4:10 pm
1 Answer from Attorneys
Peter Bradie
Bradie, Bradie & Bradie
Re: Will in Tx, but died in Fa
The surviving spouse will need to probate the will if there is any property that doesn't pass by contract (usually a house). If it's a situation where there's no real estate and the bank accounts are joint with right of survivorship (or payable on death), then probate usually isn't necessary.
There's no reason why the children should have a copy of the will if there's a surviving parent.
Answered on 10/19/04, 5:24 pm
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