Miami, FL asked in Probate for Texas

Q: If there was no hearing for a will how would I go about trying to void the change after the diagnosis?

My father has a personal Vendetta against me. He has not been looking out in my mother's best interest. Or else he wouldn't have deprived her of the knowledge of an opportunity to live. I was a blood match and he was supposed to be making decisions and helping her gather information in order for her to have the opportunity to live. He completely disregarded anything that I sent him and he kept me away from speaking to my mother. I was not even allowed to go to the funeral. I believe he convinced my mother to change the will. In which tensions were high and blame was being placed and I have always been a scapegoat within the family if something were to go wrong. If I do not fix this now I will have to fight my half sister for property that does not belong to her. Because that is his child not my mother's. I don't believe there was a hearing we have a very small family. I just don't know how to go about getting it changed back from before my mother's diagnosis.

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1 Lawyer Answer
Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
Answered
  • Probate Lawyer
  • Austin, TX
  • Licensed in Texas

A: A Will has no legal effect until it is admitted to probate.

Only your mother can change her Will. If you believe that she did not have legal capacity to do so when the change was made, you may be able to contest the Will when it is presented to the local probate court. As you seem to understand, that could be an uphill battle.

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