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What happens when a will has not been probated in 8 years and then the only beneficiary of that will dies leaving a will?

Brownwood, TX |

My stepmother died about 5 months ago and I don't know if she left a will or not. Her kids have sent us kids waivers to sign giving up all rights and waiving the penalty for my dad's will not being probated. It also says that the property will pass to the Testator's heirs if the will is not admitted to probate. We just want to know what rights, as daughters of my father's long overdue probating process, do we have? Her kids are not mentioned in the will either.

Attorney Answers 1


  1. Contact a local probate attorney as you really need to protect your legal rights. If there is property in your father's name and he passed some 8 years ago, it is very likely that you and your siblings will be entitled to 50% of his estate at the least, potentially more. You need to take action right away.

    LEGAL DISCLAIMER
    Mr. Post is licensed to practice law in KS and MO. The response herein is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply unsuitable. Mr. Post strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received.

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