Memphis, TN asked in Real Estate Law and Estate Planning for Texas

Q: Does the son that was not in Will have rights if property was left to other son. Mom died in ‘05 in TN. Dad died ‘15 TX.

They have a house in TX with both Mom and Dad on deed. Mom died in TN w/o Will and Dad died in TX with Will. Dad did not probate Mom’s estate. Dad left the house in TX to one son and not the other one. Does the other son have the right to the house? Is there a statue of limitations in this? The only Will that has been Probated is Dad’s in TX. Does the brother have the right to question Mom’s estate?

2 Lawyer Answers
Terry Lynn Garrett
Terry Lynn Garrett
PREMIUM
Answered
  • Estate Planning Lawyer
  • Austin, TX
  • Licensed in Texas

A: There is a two year statute of limitations for a bill of review in probate court.

1 user found this answer helpful

Ross F. Tew
Ross F. Tew
Answered
  • Estate Planning Lawyer
  • Arlington, TX
  • Licensed in Texas

A: There are several issues here that would require a consultation with an attorney. Is your father the father of all of your mother's children? Did she have any children prior to their marriage? Has your father's will been probated? Is there a legitimate dispute over the validity or authenticity of the Will offered up for probate? I suggest you speak with an attorney to determine the extent of your rights to the estate.

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