Asked in Estate Planning for Texas

Q: Will or trust

My real father died and we were told he left everything to his friend but he will not show us a will stepmother has passed a way years ago and there are three of us girls can we fight this or just let it go

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1 Lawyer Answer
Nancy Hui
Nancy Hui
  • Estate Planning Lawyer
  • Pearland, TX
  • Licensed in Texas

A: If there is a will and your father really left everything to his friend, then his friend will have to have the will probated in order to get the assets. All files in a probate case, including the will, become public records. You can then go to the court house to ask for a copy of the will. Note that the will must be probated within 4 years of your father's death. Otherwise, your father's assets will be distributed as if there is no will. In that case, his children will inherit his assets (since he was not married at time of his death). The friend will likely not get anything. For that reason, if there is really a will, the friend will have an incentive to probate it ASAP in order to secure his interests. If you are concerned about your right, which you rightfully should, you should contact a probate attorney to discuss your option.

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