Legal Question in Wills and Trusts in Texas
wills in probate
My brother-in-law passed on Sept.)2 He had a will and it is in probate. He has a wife and she is incaple of taking care of herself due to physical and mental incapacities. The younger children have been fighting trying to take over everything. What are my sister-in-laws rights and will she be protected, we're very concerned. Can you explain what happens when a will is in probate.
Thank you.
2 Answers from Attorneys
Re: wills in probate
When a will is probated in Texas, that is a formal recognition of the document as a will, and gives weight to the distribution, etc. as specified in the will.
I don't know where your sister/sister-in-law is located, so I can't say what protection she may have. If she's incompetent, has a guardian been appointed to look after her?
I don't know what rights you are concerned about. If the will says she gets the property, and the will named an executor/executrix to administer the estate, then they have a fiduciary duty to perform according to the terms of the will.
Re: wills in probate
Thank you very much for your question. Unfortunately, in this response I cannot anticipate all of your questions or provide you with all of the events that can and do happen during probate. Therefore, please give me a call and I am willing to answer your questions. My telephone number is (408) 268-2580.
Sincerely,
Kai H. Wessels, Esq.
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