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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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Do you have any expertise on family law, i.e. probating wills,

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Do you have any expertise on family law, i.e. probating wills, etc?
Welcome! Thank you for your question.

Probate issues are actually considered Estate Law. I am an expert on Estate Law.

Did you have a question?

John
Customer: replied 3 years ago.
My father recently passed away (May 7) At his request, last year, we re did his will. It was duly executed in front of two independent, disinterested witnesses. I have 4 siblings (which we will get into later). First question:
1. How long after his death do I need to do anything with his will and/or estate under Texas Law?
Customer: replied 3 years ago.
Further information. In my father's new will, he named me as Executor and sole inheritor of his estate upon his death. He also stated in the will that: he recognized that he had five children; he further stated that if he did not leave any property in his will to his other children, it was intentional; lastly he stated that any potential beneficiary who protested the will was, in effect, dis-inherited.
Sorry for the delay. I stepped away from my computer for a moment. I am reviewing your question and will send you an answer soon.
To answer your first question:

Generally, you have 4 years from the date of the Decedent’s death to file his Will for probate. In the event that the Will is never filed and the 4 years lapses, then the Decedent is treated as having died without a Will, and his heirs determined under Texas law will be entitled to his assets.

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. Please show your appreciation for my candid, accurate information by clicking VERY INFORMATIVE, OR the OR and positive feedback. You should only rate me if you are satisfied with the information I provided you. If you cannot rate me GREAT please do not rate. Give me a chance to make it right by clicking REPLY TO EXPERT. I appreciate your question and repeat customers. You can request me by beginning your question with "Dear XXXXX..."Thank you,John
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