Will Information

[Sheba2007]

What is the name of your state? Texas

Are surviving children of deceased mother entitled to a copy of her will.
Will is in possession of second husband.

 

[nextwife]

Has it been filed for probate?

 

[Dandy Don]

If you think he is deliberately withholding the will from being probated or stalling, consult a local attorney to find out if it would be to your advantage to open up probate yourself so the judge can ask him to produce the will. You may want to have your attorney scrutinize the will to make sure it seems legitimate. What would be the estimated value of your mother's estate--does she have assets that need to be probated?

DANDY DON IN OKLAHOMA ([email protected])

 

[nextwife]

Exactly: What would be subject to probate?

Are her saving accounts held in joint accounts with husband? Does she have any seperate accounts?

Does she own any real estate that is not held in jt. tenancy with her husband?

Does she have seperate stock and mutual fund holdings outside her IRAs and 401K accounts (as IRAs and 401Ks would normally go to the named beneficiary)?

 

[Sheba2007]

I was just wanting to know if we as children have the right to see her will?
He says that she left him everything which we have no problem with. We just want to see it.

 

[Betty]

When the will is submitted for probate, it becomes a public record & you can review it at the county courthouse where probate was opened. If the will hasn't been probated, you may want to contact an attorney to see about having probate opened.

 

[Dandy Don]

If you are not named as beneficiary in the will you do not have the right to see it. He is afraid to let you see it because he is afraid, rightly or wrongly, that you all are going to contest it. After it is has been filed for probate you can get a copy then and have an attorney evaluate it to see whether the signature looks genuine and whether you would have legal grounds to contest it. What is the value of her estate?

DANDY DON IN OKLAHOMA ([email protected])