Legal Question in Wills and Trusts in Texas

Can it still be filed

My aunt passed away in 1979, before her passing she wrote her will in the hopital witnessed by the lady in the next bed. In the will she left her third part of the house to my brother, cousin, and me. She named a cousin as an exeutor of the will. She distroyed the will and claims she does not remember anything. I have a photo copy of the will and a small note from my cousin claiming she is the executor. Can this will still be filed?


Asked on 2/21/04, 3:52 pm

2 Answers from Attorneys

Cheryl Rivera Smith The Smith Law Firm

Re: Can it still be filed

Yes it can. You will probably need the help of a lawyer since it is a little more complicated probate.

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Answered on 2/21/04, 4:46 pm
Peter Bradie Bradie, Bradie & Bradie

Re: Can it still be filed

Yes, as a muniment of title (showing how title should be transferred). It will be complicated, since the original doesn't exist, and you'll probably need a lawyer to handle the evidentiary matters.

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Answered on 2/22/04, 2:06 pm


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