Joint Will questions

What is the name of your state (only U.S. law)? Texas

My grandfather is 78 years old and lost his wife of 50 years in 2006. He is of sound mind and body, but computer illiterate. In 1973 they had a Joint Will made up leaving everything to each other in the event of their deaths. The day she died, someone came in and started stealing things (ex: her jewelry, their checks, etc) and he didn't even know it until later. When he found out that his daughter (that works in a department at the local bank) was the one doing it, he kept trying to get it back without problems. She refused because she was claiming to keep it safe for him so it wouldn't get stolen. She even came in to get some of HIS items claiming to get them fixed and kept them in her closet instead. She added her name to the checking and savings accounts. She put herself as Joint Right of Survivorship and changed it to her address in another town. All of this without his knowledge. Once my grandfather found out this information, he went down and canceled his accounts and moved everything to another bank.
The conflict started in February when my grandfather's only son (39yo) died from cancer and two days later the above mentioned daughter (51yo) was found dead by her husband in the guest bedroom. It was ruled a heart attack, but she had bruising on her body and gashes to her head on the front and back. Though we have doubts of her death, we are dealing with the items that were taken.
Though they shared a Joint Will, her Widower provided a paper leaving items to his deceased wife handwritten by my grandmother. I have not seen this letter myself, but it does not contain witnesses or a notary. The date on the letter is right after my grandmother had neck surgery and had just discovered her own mother's diagnosis of cancer. I feel she was coerced and under duress at the time this was written. I would like to know if this will override any part of the Joint Will or Vice Versa? I was always under the impression that a WILL overrides anything else. Also, she did not have a Will, do any inheritance items go to him or her children from a previous marriage? She has grown children and has been with this man less than 10 years.

I rewrote your post into a time line so I could 'see' what was going on....

1973: grandfather & grandmother drew up joint will each all assets to each other.

?/?/2006: grandmother dies

?/?/2006: daughter steals items from deceased grandmother’s house. (jewelry, checks, etc).

2006-2007: daughter steals items from grandfather

2006-2007: daughter, who works at bank, puts herself as Joint Right of Survivorship and
Changed it to her address in another town ON GRANDFATHER”S ACCOUNTS AT
BANK WITHOUT GRAND FATHER’S knowledge or permission
2007: Grandfather closes accounts and moves funds to accounts daughter cannot touch

2/2008: Grandfather’s 39 year old son dies of cancer

2/2008: Grandfather’s 51 year old daughter (mentioned above) dies of heart trouble (or was murdered).

2008: husband of deceased daughter produces hand written letter by grandmother (d. 2006) giving stolen items to deceased daughter. OP has not seen the letter. Letter has no witnesses. Letter was dated right after grandmother was diagnosed with cancer. Coercion might have been involved.

Does will override such a letter?

How does an intestate estate pass in Texas. Do they go to husband? Or do they go to the children of a previous marriage.

The daughter died intestate meaning without a will. Her children most definitely are entitled to an inheritance. The things she took from grandma, if she was entitled to them are her separate property.

Intestate Distribution of Property Under Texas Law:
http://www.brownmccarroll.com/chart.htm

Her children might want to file with the probate court. One could file as executor. I suppose you could instead if you are interested. That would protect their interests. The things taken from grandma and grandpa cold than be returned. Any that were legitimate the daughters are treated as sole/separate property as her husband had no right to them prior to her death.

Do a Google search on “Texas intestate” and read up. Than have someone get in touch with a probate attorney. Often they do not charge up front because they are paid out of the estate.

As for the rest of the story… the bit done by the daughter. If she used her bank position to try to illegally grab her father’s assets… it’s a felony. Grandpa could have had her prosecuted for it. And for stealing grandma’s and his valuables.. those are criminal acts too. Much of this could have been avoided if Grandpa had brought charges against her as soon as she started her felonious rampage. But he allowed it to continue. Families do this often… letting it go on rips families apart as you can see.