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Heir Survivorship

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carlatafish

Junior Member
What is the name of your state? Texas
Scenario:
Person is listed as an heir in will. This person dies but was never removed from will.
Couple years later, the will is now in play and filed in county court after the death of the originator.

The will was never altered or updated, so this deceased heir is still included.

What will happen to property/benefits bequeathed to this deceased heir?

Edit: No provision was made in the will to address this problem; such as... if I am preceeded in death by a listed heir, his/her share shall go to ......

I'm thinking that the inheritance of this deceased heir would go to the person's estate. ?
 
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tranquility

Senior Member
It depends. There are a number of ways to treat it depending on how the will is worded, exactly, and what the state statutes are.
 

seniorjudge

Senior Member
What is the name of your state? Texas
Any chance/any way that a holographic will in Texas can be valid if not signed?

It is witnessed... but not signed!

Thanks,
Ed Lazarus



That is just a piece of paper; it is no kind of a will.
 

seniorjudge

Senior Member
What is the name of your state? Texas
I am the executor of my sister's estate.

I would like to move the probate hearing to a county that is more convenient for me.
Facts: She owned a home and office/business in Bexar county. Claimed homestead, voter registration, drivers license, etc in Bexar.

She also owned a home and some property in Dallas County.

Tax statements for Dallas county home/property were sent to residence in Bexar county.
Although the value of the homes/property in both counties exceed one million each, the Bexar county assests are worth more.

But I would really like to try to probate this thing in my home county (Dallas) as it would be so much easier and, she did own considerable property here.

What are my chances?



No one knows what your chances are.

Have your lawyer tell you what he thinks.

Then file the motions and see what happens.
 

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