Legal Question in Wills and Trusts in Texas
My mother passed away in 2000 and her will has not gone through probate. Is there a statute of limitations in the state of Texas for this?
Asked on 1/19/10, 9:58 am
2 Answers from Attorneys
Keith Engelke
Law Office of S. Keith Engelke
After 4 years, all you can do is probate the will as a "muniment of title." So if mom gave you her house in the will, you can probate that. But if she gave you a diamond ring or other personal property, you cannot probate the will to get the ring.
Answered on 1/24/10, 10:02 am
David Leon
David L. Leon, P.C.
Yes, four years from the date of death UNLESS you can show that you weren't in default for not filing for probate within the four years.
If the parties and beneficiaries are in agreement, you may be able to accomplish the objectives of the will by other means.
Dave
Please read my disclaimer:
http://leonlaw.com/askalawyer/disclaimer
Answered on 1/24/10, 10:08 am
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