Notarized Will

[TXNANA70]

my father passed away 3 years ago and he left a notarized will which i never had prorated...now my mother is passing and there is no living will regarding her house and property...we are a family of 6 children and we agreed to putting the house under an estate, but like i said we don't have a living will...will i be able to use the notarized will my dad left me 3 years ago?if so will i be able to change what he left me and put it under an estate so all the children can share responsiblities..texas

 

[advisor10]

11-23-2001

DEAR TXN:

Your father's will was only valid for his estate and will be of no use in your mother's estate because it has no connection, even though it may mention some of the same property. If your mother left no will, her estate will be divided according to state law.

Someone in the family needs to file paperwork at the probate court (county courthouse) to be administrator of her estate, responsible for claiming any assets to pay any outstanding bills and funeral expenses, and getting title to the property changed to reflect the names of the new owners (you children who are all heirs). You all will need to decide if you want to sell the property or keep it unsold.

Please do not use the term living will when talking about someone's estate--a living will is only a document that describes what medical procedures you want to take place if the person is unable to make that decision for themselves.

SINCERELY,

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