Legal Question in Wills and Trusts in Texas

my mother passed and all we can find is a copy of her unsigned will. the attorney who prepared is no longer in business, moved out of state and law firm claims no record of such will. what can I do


Asked on 2/11/14, 6:25 am

1 Answer from Attorneys

David Leon David L. Leon, P.C.

I'm sorry to hear about your mother. If you can't find the original, and the law firm doesn't have it, the only other common places I can think of:

1. Check the county clerk's office. Sometimes people will store wills there for safekeeping.

2. See if your mother had a safe deposit box with her local bank

3. Double check your mother's important papers.

Failing all of that, you can go to probate without a will. It will likely be treated as an intestate succession (i.e. as though she passed without a will.) It's very common. If the will deviated from intestate succession, you can have all of the heirs agree to abide by the will's terms using a settlement agreement.

Feel free to call me if you wish to discuss further.

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Answered on 2/11/14, 6:59 am


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