What is the first step i take to look at my moms will?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What is the first step i take to look at my moms will?
I’ve been told that she left her house
to me and my sister. What is the first
step i need to take?
Asked on December 2, 2018 under Estate Planning, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Wills do not need to be filed until and unless they are being probated, so if no one has tried to probate a will, it would not be filed with the court yet. Until probating, wills are usually just left in a file cabinet, in a safe deposit box, with a friend or family member, with an attorney, etc.--so check your mother's papers and files, ask her friends, talk to her lawyer (if she had one and you know who he/she is), etc. to see if you can turn one up.
Note that if she did not have a will, if she was not married, then her children (you and your sister, plus any other siblings or half-siblings) would inherit her "estate" (what she left behind), which would include her home, so even if there is no will, you may well be inheriting.
Probate matters are complicated, even for lawyer if they are probate specialists (when my father passed, I hired a probate attorney to help me): if you think you may be inheriting a house, then unless it is underwater on a mortgage (and so not worth anything), it is well worthwhile to hire a probate lawyer to help you work through this. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.