Terrell, TX asked in Estate Planning for Texas

Q: Brother had a will , never filed in court , but was notarized ... will declared he was leaving his estate to his brother

Brothers & sisters ... one brother prediceased him by at least 2 years ... the deceased brother had 1 daughter ... does that daughter get equal share of the estate ?

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

A: Nobody gets anything until a court admits the Will to probate (proving that it was the decedent's Will and was never revoked). Then the language of the Will governs.

Leslie Dillon Thomas
Leslie Dillon Thomas
Answered
  • Estate Planning Lawyer
  • Fort Worth, TX
  • Licensed in Texas

A: It will depend on what the will says and what the judge determines.

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