Legal Question in Wills and Trusts in Texas
wills and probate
My father died and he left everything equally to three children
My sister has agreed to forfiet her portion for a sum of money. Can we have a lawyer draw up papers stating such before we probate the will. She would like her money now and we would like to give it to her.
However we need the agreement in writing from a law office that will be accepted by the courts when we do probate the will.
3 Answers from Attorneys
Re: wills and probate
Why don't you just do the probate now?
Re: wills and probate
You could go to any probate lawyer..as we are..file for probate and get the agreement..costs will be the same..normal fee plus costs..
Re: wills and probate
Yes, you can do that although I agree with the first post in that you may as well go ahead and get the probate started and get things moving. You can have the agreement drawn up before or during the process. Unless it's going to be an exceptionally complex agreement that can be done along with all the other paperwork required for probate and as the second poster indicates, most law offices can probably include that with their fee to probate the will if you tell them up front that you need it. Good luck.
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