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John Elder
John Elder, Estate & Elder Law
Category: Estate Law
Satisfied Customers: 4631
Experience:  Over 14 years experience in Medicaid, Estates, Trust.
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Can a Will that was probated 18 years ago be used in probate

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Can a Will that was probated 18 years ago be used in probate again? My father lived in texas. He just died in february. The only Will we have found is the one that was probated after our mother died in 1995. We have an electeonic copy of that Will supplied to us by the Districk Clerk in the county where it was probated.
Submitted: 1 year ago via mylawyer.com.
Category: Estate Law
Expert:  John Elder replied 1 year ago.
Welcome! Thank you for your question.

Was the will that was probated with your mother a Joint Will that was signed by your mother AND father?

It is VERY RARE to have a joint Will.
Customer: replied 1 year ago.
Yes, it was signed by both.
Expert:  John Elder replied 1 year ago.
Then yes, if the Will was "joint will" with both of your parents signing as Testator then you can probate the court filed certified copy of your mother's will for your father. If it is the same probate court then you can request that they probate her will in your father's estate. If it is a different probate court you will need to request a Certified Copy from the probate court and file the certified copy with the probate court in the county and state where your father died.

I cannot provide you with legal advise. I have provided you with information about the law related to your question. My answer, and any information that you find online, should not take the place of having a consultation with a lawyer in your area to advise you regarding your specific issues.

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Thank you,

John

John Elder, Estate & Elder Law
Category: Estate Law
Satisfied Customers: 4631
Experience: Over 14 years experience in Medicaid, Estates, Trust.
John Elder and 4 other Estate Law Specialists are ready to help you

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