Fontana, CA asked in Estate Planning and Probate for Texas

Q: My mother passed away on 10/31/17. The custodian of my mother's will, will not provide us with a copy.

I do not know if this person was specifically stated as the executor of the will in the will itself. Me and my brother both feel she might be hiding something that is stated in the will itself. The will has not been filed in probate as of 11/17/17. What legal means, if any, do we have to make sure that we receive a copy of the will in a timely fashion? I live in Victorville, CA and my brother lives in Logan, UT. My mother lived in Allen, Texas.

Related Topics:
2 Lawyer Answers
Jack Ternan
Jack Ternan
Answered
  • Plano, TX
  • Licensed in Texas

A: Under Chapter 252 of the Texas Estates Code, a person with custody of a will who has notice of the person's death is legally obligated to provide the will to the clerk in the county with jurisdiction. There is a legal process to compel the person to do so, including jailing the person with custody for refusal to turn over the will.

Tammy Lyn Wincott
Tammy Lyn Wincott
Answered
  • Estate Planning Lawyer
  • San Antonio, TX
  • Licensed in Texas

A: I'm sorry for the loss of your mother.

A will may be probated up to 4 years after a person's death in Texas. A will is not "valid" until it has been admitted by a probate court as such; therefore, just because someone is named as executor it doesn't give them authority to take any action until the will is validated by the court and the person is approved to serve as administrator or executor.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.