Legal Question in Wills and Trusts in Texas

My husbands grandfather passed away in 07. He was preceded in death by his wife. His Agricultural land was willed to my husband, the grandson, as they had raised him as their own. Six months prior to his death the will was withdrawn, quite possibly due to manipulation of the daughter, who once again disapearred with all financial holdings. we recently found out that the farm remains vacant and is still in the grandfathers name. What can we do, other than wait for the county to auction, to take possesion of the farm?

Asked on 5/22/13, 5:36 am

1 Answer from Attorneys

Keith Engelke Law Office of S. Keith Engelke

Pay the taxes. You don't have to be the owner to pay the taxes.. Do you have a copy of the will. How do you know the will was withdrawn? I'm not sure what you mean by that. It may be that the grandfather named his daughter as a Pay on Death beneficiary of the financial assets as bank accounts with this designation can pass outside of probate. There is no requirement that a will be probated. If the will is not probated Texas intestacy law applies meaning that the children would get the farm. If no will was probated (and it sounds that was if the farm still shows to be the grandfathers name) your husband needs to probate the will, he can probate the original will as a muniment of title. This may be is complex and it looks like there might be a fight. Get a lawyer.

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Answered on 5/23/13, 5:53 am

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