Legal Question in Wills and Trusts in Texas
Grandpa's will/land
Grandpa died in 1988. The land is still in his name. My mother is left executer in the will. In the will my grandpa left the land to be divided between his 3 daughters. My grandmother is still living, but has alzheimer's. What do I or my grandpa's daughters need to do to get the straight? I would like to build a home on the land to take care of my grandmother. My grandmother has a house on the land, but it needs to come down. It is not in good shape.
1 Answer from Attorneys
Re: Grandpa's will/land
You have a problem in that it does not appear that the will was probated within four years of grandpa's death. You ould still try to porbate the will, if you can demonstrate why everyone waited so long. Otherwise, you could get together a family settlement agreement (assuming grandma had a durable power of attorney, or can sign one during a lucid state) and settle the title with an heirship affidavit.
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