he was in hospice care and died the next day,,,, am 75yrs old and very scraid, of whats going to happing,, in the name of god HELP ME......MARYHELEN UNTU.........
There is not enough information in your summary to do anything more than to tell you to contact a probate lawyer, right away, in order to get some help with this. The changes that your husband made to his Will might have the effect of changing the distribution of his assets, or it may make no difference at all. You need someone to review the Will and all of your other paperwork before they can give you any real assistance. (It is impossible for a lawyer to tell you what your rights are under a document that they cannot read and review.)
As for your house, is it titled in your name with your husband jointly, or is it in his name alone? was your husband competent when he signed his alleged Will or was he incapacitated? The daughter certainly could have unduly influenced him. Given that the document was not set up with ordinary formalities observed, its validity might certainly be challenged.
You need to get to a lawyer as soon as possible, so you know what your options are. Best of luck to you! Do not lose heart and do not let your step-daughter bully you.
I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your state. The law changes frequently and varies from state to state.
AS the other attorneys have indicated, there are not enough facts here to offer any sort of opinion. You should contact lawyers in San Antonio who deal with Probate matters. They should be able to help you.
Hope this helps. If you think this post was helpful, please check the asnwer was a good answer tab below. Thanks. Mr. Geffen is licensed to practice law throughout the state of Texas with an office in Dallas. He is authorized to handle IRS matters throughout the United States and is licensed to practice in US Tax Court as well as The Court of Claims. This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.
You need to contact an attorney as soon as possible. An attorney familiar with Texas probate law can protect you from your daughter.
Regardless of whether your home was owned jointly by you and your husband or only by him, Texas law gives you the right to live in the house for the rest of your life. So, even if your husband validly gave his interest in the house to your daughter, she cannot legally force you out of the house.
Wills normally require two witnesses to be valid, and a beneficiary cannot be a witness. If your husband's will is entirely handwritten and signed by him, however, it may be valid without witnesses. A probate attorney could evaluate the circumstances of your husband's will and advise you of your chances of challenging it.
My answer relies on the facts as provided, and it is generally not possible to address all contingencies in a brief answer. As a result, my answer is necessarily preliminary and should not be relied on without consulting an attorney who can fully evaluate your circumstances.
You would have a life estate regardless. This may or may not be a validly executed will, it depends if it is entirely in his hand writting. If there is no other Will you may have issues as well since his children would inherit his community property.
You need a probate lawyer. I recomend Stett Jacoby in your area.
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