Legal Question in Wills and Trusts in Washington

Will Question

Husband's mother has passed away. Left a will leaving oil royalties to be split 4 ways between siblings. Sister refuses to deliver will to lawyer and states that Mother signed over all the royalties to her before she died. Sister tried to get will changed in March, but lawyer refused to do so. What are our options if this is correct? This was not the Mother's wish.


Asked on 7/19/05, 9:23 am

2 Answers from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: Will Question

Hello: I am not licensed in Texas, so not sure why this was posted to me. However, that stated, I can clearly see that you need to talk to a lawyer who is licensed in Texas and who understands probate. If you call your county Bar association they will give you a referral.

That said, it is highly likely that the lawyer who drafted the will has a copy of the will. A copy can be probated even if your sister has destroyed the original. You are a beneficiary, and have standing to open the probate. Best wishes with a tough situation - Powell

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Answered on 7/19/05, 9:34 am

Re: Will Question

There is a section in the Texas Probate Code that allows you to go to court and have your sister explain why she hasn't offered the will for probate. You need to get a lawyer ASAP, as you're on borrowed time with this matter.

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Answered on 7/19/05, 11:31 am


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