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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 42873
Experience:  Texas lawyer for 30 years in Estate law
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My father had a first Codicil to his last will and testament,

Customer Question

My father had a first Codicil to his last will and testament, in it he asked for a paragraph giving property to my estranged aunt to be removed. He asked thst instead the property would be split between us three boys. In the original will he did not totally give her the property just a right to live there till she passes, as long as she pays taxes. He changed it to avoid having any property unsettled at his death. Now the property is supposed to be split between us 3 sons and we are wondering how this works. She will not let us near property for inspection and we would like to know what are rights are. I ***** ***** am the executor of will and besides my aunt, my brothers are the only other people in the will. She is not my father's blood relative so once my mom passed he changed this paragraph that he didn't agree with. His will was written in texas but the codicil was wrote here in Arkansas. We believe she has already switched property into her name, which it states she just gets to lI've there for the rest of her life if she pays taxes and upkeep. I just need to know what options I have as executor to protect my brothers and father's wishes. Any help would b great thanks, Brian
Submitted: 2 years ago.
Category: Estate Law
Expert:  RayAnswers replied 2 years ago.
Hi and welcome to JA. I am Ray and will be the expert helping you tonight.
I am so sorry for your loss and this situation.
You would have lawyer make application to probate will in Arkansas and be appointed personal representative.
Once this done a second lawyer with ancillary probate in Texas is the next step.Once appointed here you have authority to evict her and sell the property.Expect ancillary probate and eviction to take 60 days or so.
This is the procedure when the deceased resided in one state and then had property in a second state.The will and codicil are likely accepted and validated by the court.
You will likely need two lawyers.I would concentrate on one in Arkansas to get this started.The Arkansas lawyer will help you locate a second lawyer in Texas for ancillary probate.
I think it is likely she may contest the codicil here but time will tell whether she does or just doesn't cooperate.
Arkansas lawyer referral with ratings..
As you can see below ancillary is much simpler and shorter here in Texas..
I appreciate the chance to be of service tonight.Please let me know if you have more follow up.Thanks again.
Expert:  RayAnswers replied 2 years ago.
Texas law on evicting a month to month tenant which is what she now is--was a guest now subject to eviction..
Thanks again for letting me help you.
This is certainly something that can be overcome.Once evicted here you are then free to sell property without aunt bothering the process and potential buyers.
If you can leave a positive rating when we are done it is always much appreciated.