WILL kicked out of Probate Court!!

What is the name of your state? Texas

Mother's will was kicked out of probate court. What will happen now? There is only two people who had an interest in the Will; husband of one year and son. How will the estate be divided? Will the court decide the distribution of the estate? Should a new lawyer be hired?

Why was it 'kicked out' ?
Many defects can be corrected by testimony of witnesses ...

Is there a Community Property With Right of Survivorship Agreeement between Mom and Dad ?

... is the son the issue of the current husband and Mom ?

if so, Dad gets all community property.

If the son is from a former relationship, then the estate is split between Dad and Son.

Any special bequests will be lost.

Many items will pass outside the will if a beneficiary is stated: insurance, joint accts with right of survivorship, pensions, POD bank accounts, stock, etc.

There are laws of intestate succession which the court will follow.
The atty should advise both you and Dad regarding the effects and any differences.

Don't be too worried--the husband is definitely next in line according to probate law.

Not necessarily true in Texas.

We need to know if there is seperate property, and if the child is the child of the husband and the deceased, or the deceased's from a different relationship.

The Will was determined to be invalid by the probate court. The son is the child of the deceased. To my knowledge, the property is spilt 1/3 spouse and 2/3 dependent (son) in the state of Texas and the remaining assets will be divided equally. Also, with regards to the length of the marriage (1 year exact), the husband may or may not receive anything from the estate. I think the real issue is, what will happen now. A new probate or wait for the court? What course of action should be taken?

Also with reagrds to the estate, the property is titled under the deceased and the assets (cars, jewelry, misc. and bank acct) was under both names one month before the mother died (seems fishy).

Dandy Don said:

Don't be too worried--the husband is definitely next in line according to probate law.

Click to expand...

This is ENTIRELY incorrect if there is a child of the husband's who is not the wife's (only known at a later posting)!

If there is a child of the deceased who is not a child of the surviving spouse, the children get Dad's 1/2 of community property, unless there is an agreement for right of survivorship by the spouse.

If the child is the issue of Dad & spouse, then spouse gets Dad's community property.

Let me put it layman's term:

1. Mother died
2. Will was determined to be invalid in the state of Texas
3. Mother is survived by her son and husband of one year
4. Mother remarried a year ago
5. House and assets need to be passed on to the son and husband (who gets what and how is the estate divided?)
6. Husband is the POA..(unsuccessful at probating the estate)
7. Son is debating on whether to hire another lawyer to re-open the probate or start a new probate on mother's estate.
8. What course of action should be taken?

curious

what was the reason for the will to be kicked out? was there a previous will that the courts are now using or going by? POA ends when a person dies, so husbands authority is not valid unless he was named executor. who has been determined to be executor?

http://tlo2.tlc.state.tx.us/statutes/pb.toc.htm

garrula lingua said:

This is ENTIRELY incorrect if there is a child of the husband's who is not the wife's (only known at a later posting)!

If there is a child of the deceased who is not a child of the surviving spouse, the children get Dad's 1/2 of community property, unless there is an agreement for right of survivorship by the spouse.

If the child is the issue of Dad & spouse, then spouse gets Dad's community property.

Click to expand...

TEXAS PROBATE CODE:
§ 45. COMMUNITY ESTATE. (a) On the intestate death of one
of the spouses to a marriage, the community property estate of the
deceased spouse passes to the surviving spouse if:
(1) no child or other descendant of the deceased spouse
survives the deceased spouse; or
(2) all surviving children and descendants of the deceased
spouse are also children or descendants of the surviving spouse.
(b) On the intestate death of one of the spouses to a
marriage, if a child or other descendant of the deceased spouse
survives the deceased spouse and the child or descendant is not a
child or descendant of the surviving spouse, one-half of the
community estate is retained by the surviving spouse and the other
one-half passes to the children or descendants of the deceased
spouse. The descendants shall inherit only such portion of said
property to which they would be entitled under Section 43 of this
code. In every case, the community estate passes charged with the
debts against it.