Legal Question in Elder Law in Texas

Mom's estate

Mom died in 2001. Dad is now selling the homestead. Her will was never probated as Dad assumed he took all.

There is a typed will from 1966 stating if one predeceases the other they get all, but I dought it will hold up in court.

Dad has sold his land and the closing date is the 15th of this month.

Can my sister stop the sell of the land because Mom's will was never probated? Mom died 4-26-2001.


Asked on 1/04/08, 3:45 am

2 Answers from Attorneys

Donald McLeaish McLeaish&Associates;, P.C.

Re: Mom's estate

Texas law gives the surviving spouse all assets of the deceased if they had no children by a different spouse....hence, if no will...all goes to survivor..

Read more
Answered on 1/04/08, 9:09 am
Donald McLeaish McLeaish&Associates;, P.C.

Re: Mom's estate

Texas law gives the surviving spouse all assets of the deceased if they had no children by a different spouse....hence, if no will...all goes to survivor..

Read more
Answered on 1/04/08, 9:09 am


Related Questions & Answers

More Elder Law questions and answers in Texas