De Leon, TX asked in Estate Planning for Texas

Q: Proving Heirship from great grand parents to claim burial plots in Texas.

Father recently passed in Texas. He was a only child of a only child. His grandfather had purchased some burial plots back in the 1930's that have not been used. Dad's Will was writing in 1979 before my only sibling was born. The Will states that I am to inherit anything that he was or may be entitled to from his grandmother. I have located these plots, but I don't know what to do to claim them so I can sell them. I have the Will, my birth certificate, Dads birth certificate and death, my grandfathers death certificate. I was told Grandfather was born in Dallas County Texas, but they can not find a birth certificate on him. Also Dad had another Will drawn up, that does not mention anything about his grandmother and it leaves my mother the sole heir. Sadly Dad passed before he could sign the new Will and my sister is trying to force Mom into giving her the plots.

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1 Lawyer Answer
Tammy L. Wincott
Tammy L. Wincott
Answered
  • Estate Planning Lawyer
  • San Antonio, TX
  • Licensed in Texas

A: Burial Plots are a special issue in probate. You may want to start with the cemetery where the plots are.

A will isn't valid unless executed; therefore, it isn't likely the "new" will you mention will work.

Contact a Probate Attorney for a private consult.

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