Wicked Step-father

[WendyK]

my mother passed away in canyon lake, tx on march 1, 1997. she left a holographic will, leaving everything to my step-father. she told us (her kids) verbally that she left us money and we got her jewlery. my step-father did not give us anything that she wished. he did not even probate the will after the 4-year period. we filed suit against him claiming as heirs to her estate. a week after he was served a court date (and 2 months after the 4-year period) he probated the will. we have a court date set for may 17, 2001. i need an answer/help quick. can he still probate the will after the time has passed or is the will null and void?

 

[ALawyer]

I can give you a quick answer but only a lawyer in your state can tell you definiteively.

First, was the Will EVER was good? (Iit may have failed in the requirements under your state's law, she may have made it at a time she was not mentally competent, or under duress, etc.)

Usually a person who fails to file only loses the right to serve as executor, but the Will is still valid, and this is because many Wills are never filed as there was no apparent need to go thru the probate process.

You did the right thing and that's forced him to produce the Will, even if very late. I'd consult a lawyer in your state fast.