Legal Question in Wills and Trusts in Texas
How long is a Will legal if never probated?
In 1986 my husband died and left 2 kids from another marriage. 1 kid died later, the other was 17 and is alive today. Both of our names were on the house mortgage and his name is still on the mortgage. I need to do a home-equity loan and haven't any money. Is his will still legal(it was never probated)and do I have to pay off his daughter to do this loan? What rights do I have in eventually selling the house, or leaving it to my children if I die? It is very important to me to know if I have to give her money, I may not bother getting the loan because I won't have anything left.
3 Answers from Attorneys
Re: How long is a Will legal if never probated?
There is a four year statute of limitations on the probate of a will. Many times courts will allow the probate of a will as a muniment of title beyond this four year period with an excuse as to why it was not filed prior to that time...
http://www.reasonable-doubt.com
Re: How long is a Will legal if never probated?
The will is still valid. You can probate it as muniment of title (that allows the will to transfer title to real estate according to the terms of the will).
What did the will say about the distribution of property? That's key. If the will left part of his estate to his kids, then they'll have to get their portion eventually. If he left everything to you, then you don't have to pay them anything.
Re: How long is a Will legal if never probated?
You cannot probate the will under the regular probate process. However, for the purposes of having title to the home transferred into the name or names of the heirs it can be probated as a muniment of title. It is a simple process and will require a filing and a brief hearing. I charge $750 plus the filing fee to perform this service.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
