QUESTION
What happens when one person named in a will passes away & the spouse takes property given to 4 other people in the will?
Asked on Sep 16th, 2012 on Estate Planning - Texas
More details to this question:
My grandfather left land in TX to my mother & 4 siblings. My mom passed away. We had not done anything with the property yet. My father after she passed away changed the property into his name & we all just found out he is trying to sell the property in TX without telling us. Can he legally take that property from us? I have a notarized will from my grandfather saying I am to get 1/5 of the property. My father is saying it went from my mother to him. The will says everything is split 5 ways. He was not in my grandfathers will period. How does something like that work? Me & my 3 siblings want to sell the property. Is he involved with it? Does he get her share after she passed away? Please help!
1 ANSWER
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For a will to have effect on real property ownership in Texas, the will must be presented to a Texas probate court and probated in some fashion. No one is required to probate a will. If you have an original will to probate, you can offer it within 4 years of the death of your grandfather. After 4 years it might be admitted as a muniment of title, but formal administration is not an option. If your mother was your grandfather's only heir (heirs are determined by law , beneficiaries are designated in a will) and no will was presented for probate, full title of the property would pass to your mother. Your mother's interest in the property could have transfered in full to your father at her death. If you and your siblings want to sell the property, I'd make sure you have some ownership in it first.
Answered on Sep 21st, 2012 at 3:51 PM