Probate Will

Is there a texas state law that determins the length of time that one has to probate a will in order for it to be valid? If so what is that time frame and what happens if the time has expired? Where does that leave all of the deseased's assets and property? In the hands of the living wife (stepmother) or in the hands of the children left behind?

This is from memory. I believe that Texas law allows 4 years to present a will for probate. If the will is not presented in that timeframe, I believe that the intestate succession statutes determine the distribution.

..what happens if the time has expired? Where does that leave all of the deseased's assets and property? In the hands of the living wife (stepmother) or in the hands of the children left behind?

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It leaves the assets and property in the same place as they were before the 4 years has expired: Limbo.

[By the way, you are better off keeping all of your posts on one thread rather than stating a new one for each question.]

What if she tries to sell any property??? She already sold one house and we had to sign a piece of paper before it sold. I think we got the short end of that?

This is why you should keep all posts in one thread. WE have no idea who "we" is without seeing your original post. The first post in another thread:

How do you find out if a will will had been probated or not??? We are the heirs of our father who has passed and he left everything to his wife,our stepmother, supposedly. We are not sure if probated the will or not. He has been gone for nearly 3 years now. Can someone please help eith the questions that I have??????

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What if she tries to sell any property??? She already sold one house and we had to sign a piece of paper before it sold. I think we got the short end of that?

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You are asking people here to engage in mindreading. You don't know how your father and stepmother held their assets. You don't know if a will has been probated or not. But, you signed "a piece of paper" and feel that you got shafted. Apparently, stepmother had authority from somewhere to sell the property once you and siblings signed that "piece of paper." If you did not understand it, you should not have signed it.

You are starting from behind the 8-ball. Obtain whatever documents you can and consult with an attorney.

I apologize. This is my first time on here and I am not sure how it works. A site that I was on regarding probating wills led to the Free Advise Forum. I am not familiar with the "rules" and how things work on here. We (my brother & I) have never had to deal with anything of this sort and have questions regarding things that are taking place and are just looking for some answers. We do know there is a will. I think more than one. Our father showed one to us before. However, she says she gets everything and we get nothing. He entrusted in her to do "the right thing" by us kids. Meaning make sure we get our share. We all knew she wouldn't except for him. They were together for 27 years and he thought ke knew her. We were told by an Aunt to keep the peace with our stepmother because if she didn't probate the will within a certain time frame then whatever property/assest our dad had would become mutual property between all of us. If she was to sell anything else she would have to split it with us.....I am just trying to get some answers here as to what driection we need to take.

First, go to the county courthouse in the county where Dad died and see if a will was probated. If it was, get a copy of the will and read it to determine what it says. It is not unreasonable to think that, after 27 years of marriage, Dad left everything to his wife. However, we won't know until you see if there is a will. We won't know what rights you have until we know what's in the will. You probably have to take the will to a probate lawyer for advice on what it says and what your rights are.

Second, if there was no will, hire a lawyer and open up probate yourself. In Texas, you will be entitled to a share of the estate if there was no will. Thus, you can open up probate and figure out what happened to the assets.

Third, stop signing things until you know what they say.

If you open up probate, the stepmother will have to produce the will (if there is one).