Legal Question in Wills and Trusts in Texas
Settlement of long time deceased persons estate
My son (a minor)lives with his father, in the dead grandparents home (grandparents dead for more than 10 years); everything still in grandfathers name. Son will inherit all, including the legal nightmare. What needs to be done? What, if any, are the penalties for not changing the property into my ex-husbands name? How will this affect my son? Does it matter if this situation is remedied now or 5 years from now?
1 Answer from Attorneys
Re: Settlement of long time deceased persons estate
If grandfather had a valid will, that can be probated as muniment of title. It's too late for an administration of the estate, unless a valid reason can be given for not probating it within the four year period.
If there wasn't a will, then heirship has to be determined. The longer that's put off, the more difficult and expensive it will be because the witnesses that the grandparents' history will also be dieing off.
There are no legal penalties for not probating the estate earlier. Only the practical ones of increased cost and complexity.
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