Leander, TX asked in Probate and Civil Litigation for Texas

Q: will went to probate and ruled on by a judge, 10 years later his son is wanting to sue over mineral rights can he sue?

Step Dad changed will with a cross out and signature and left everything to Mom. Went to probate and Judge ruled that the will was valid and everything went to my Mom. Its been 10 years and his son called and said he was going to sue to get mineral rights because he is trying to set things up for his children. Can he sue Mom who was the executor after the Judge has ruled on the will

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1 Lawyer Answer
Ross F. Tew
Ross F. Tew
  • Probate Lawyer
  • Arlington, TX
  • Licensed in Texas

A: No. You have 30, 90, or 180 days (depending on details that aren't worth going into here) to appeal a judgment in Texas. If your brother hasn't done anything about it in 10 years, I don't see what argument he could make at this point.

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