Legal Question in Wills and Trusts in Texas

money left in the will

I was left some money in my fathers will. 1 year later i recieved this will from my fathers wife. the money was to be paid with-in 1 year of his death. She had hand written on the will that the money would be paid upon the sale of the house.The house was sold in sept. of this year. what can i do to get this money from her. the amount is less than $4,000.00. my brother and sister are in the same situation with the same amount left to them. Also my father will be dead three years in Feb. 2000 is their a limatation on how long the will is valid.

thank you


Asked on 12/18/99, 10:25 am

1 Answer from Attorneys

Roger Powell Roger T. Powell, Attorney

Re: money left in the will

You didn't say whether or not your fathers will

was probated. That is, was it admitted to probate

through the county court where your father lived?

If it was not, you may be in some trouble since it

appears your father died over three years ago and a

will must be probated within a two year period.

It would appear that the will had to have been

probated if the house was sold, assuming that the

title to the house was in your father's name,

otherwise your mother (step-mother) probably could

not have sold the house.

The easiest thing you can do is get your brother

and sister together and personally visit your mother

(step-mother) and try to get her to pay you the

money she owes from the sale of the house.

Short of her paying you the money you will have to

sue her to collect.

To specifically answer your question, there is no

statute of limitation on how long a will is valid.

Once probated, the will remains valid forever. If

it was not probated then the will cannot be probated

after two years and you might have some trouble

enforcing the terms against your mother (step-mother).

Read more
Answered on 1/19/00, 6:28 pm


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