Legal Question in Wills and Trusts in Texas

Viewing will that was created after a death

single brother died without a will leaving only several siblings as heirs. Can a will be 'forged/created'' after his death? I am uncomfortable that there's been no communication. What is protocol in this situation? Can I check with local probate court to see if anything has been filed? It's been over a month.


Asked on 9/29/08, 7:52 pm

2 Answers from Attorneys
Donald McLeaish McLeaish&Associates;, P.C.

Re: Viewing will that was created after a death

If there are assets, anyone of you could file probate...the cost may be substantial if there is no agreement. Try to agree on someone..sadly

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Answered on 9/30/08, 9:25 am
Patricia F. Bushman BUSHMAN LAW OFFICES

Re: Viewing will that was created after a death

No, a Will cannot legally be created after death. Yes, you can check with the local probate court(s) to see if anything has been filed. A month isn't that long. Many probates aren't filed for several months. Depending on what your brother owned there may not be a need for a court proceeding. You should sit down with a good probate attorney and discuss the situation.

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Answered on 9/30/08, 12:36 pm


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