Legal Question in Wills and Trusts in Texas

Must a will be probated if the spouse is still alive?
My mother passed away two years ago, and she and her husband had a will for 10-15 years to distribute the assests equally among the surviving children. (if one or the other died, it went to the spouse with the stipulation that the it would be left to the children when the other person passed away). Our stepbrother had his father change the will two months prior to his death and he will get all assets. My mother's will was never probated and she received an insurance policy that my stepfather just put in his account (which should have gone to her children)which I had no problem with because I knew when he died it would be divided amoung all of the children. Now, since it will not be, I feel my sisters and I should have a part of my mother's part of the estate. I want to contest the will, but I realize that is costly and not always worthwhile. I am just wondering if we have any rights as her children to a portion of her estate?

Asked on 1/19/00, 11:46 am

Roger Powell Roger T. Powell, Attorney

0 users found helpful

0 attorneys agreed

Re: Must a will be probated if the spouse is still alive?

Your question is in need of detailed study by an

attorney. Why don't you set down with one and tell

him (or her) everything and let them advise you.

There is really more here than can be answered in

a short memo.

Answered on 1/30/00, 4:31 pm

Keywords

Match Any Match All

Country

State

Area of Law