Legal Question in Wills and Trusts in Texas

remediation of failure to probate spouse' will
My husband died in 1988. He left a will which was
never probated. His will left everything to me.
I have since made a will leaving everthing to my
children. In order to expedite the disposition of
my property at the time of my death, what action
should be taken to remedy the failure to have my
husband's will probated ?

Asked on 2/20/00, 4:02 pm

Roger Powell Roger T. Powell, Attorney

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Re: remediation of failure to probate spouse' will

It's too late to file your husband's will. You

didn't say if all of your husband's property is

now in your name but I assume you have had no

difficulty in getting access to his assets since

1988.

About the only thing you can do at this time is to

prepare an affidavit of heirship and file that in

the counties where you own real property. If you

own stocks or bonds on a listed exchange and they

are titled in both names then your children might

have some difficulty transferring title at your

death. They will certainly need an attorney.

An attorney can prepare an affidavit of heirship

for you now or you can wait until the real property is sold

at your death (assuming that it will be sold).

Answered on 3/07/00, 10:40 pm

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