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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?

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.

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