Legal Question in Wills and Trusts in Texas

Probate Wills

My brother and I are trustees of our parents who are both deceased. We have not had the will probated due low cost of funds and taxes. We are up to date on the taxes. Our question is: Does the will have to be probated before the property is sold? All of the property is already in our names and filed as trustees.

Can we have the will probated after the sale of the property? We can't affor the cost to probate. And it has not reached beyond statue of limitation for wills to be probated. Our last parent passed year 2003.

Thank you in advance for your help.

Asked on 12/28/04, 6:46 pm

2 Answers from Attorneys

Peter Bradie Bradie, Bradie & Bradie

Re: Probate Wills

Something is missing! If the property is in trust, and you are a trustee, you don't need the will in order to sell the property. It would be worthwhile to sit down with a lawyer and see exactly what may be required, and how to go about doing what you need done.

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Answered on 12/29/04, 9:40 am

David Leon David L. Leon, P.C.

Re: Probate Wills

It might not be as expensive as you think to probate the will. Texas has several mechanisms that may allow you to settle the esatate without much expense. I don't know how you and your siblings became "tustees" of anything, so my suspicion is that you should go to probate court to sort everything out.

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Answered on 12/28/04, 11:18 pm

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