Legal Question in Wills and Trusts in Texas

Can You force the exeucter of the estate to probate a will

My mother Passed away 03/16/03 (she had a will) the only thing is my sister(the Execter of the estate)(SP)got her to change it in feb,2003.My mother was terminally ill.....so I was left with nothing. anyway,my sister lives in the house (my mom left it to her) But she has failed to probate it,Can I Probate it? also ,the fact that the will was changed while my mom was dying is that grounds to contest? Need Help not much money for lawyers. thanks in advance


Asked on 7/11/04, 6:11 am

1 Answer from Attorneys
David Leon David L. Leon, P.C.

Re: Can You force the exeucter of the estate to probate a will

You may have a few remedies available to you. First, anyone interested in an estate can petition the court to force the probate of a will. If you think your aunt used undue influence on your terminally ill mother such that she forced her to change the will, then you can have that will set aside, and seek to probate a prior will. However, if you want to do something about this, you need to act very quickly, before the aunt has a chance to dispose of the estate assets and prior will.

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Answered on 7/11/04, 9:32 am


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