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My mother died in January. Her will leaves everything to her…

My mother died in...

My mother died in January. Her will leaves everything to her surving spouse. In her will the surving spouse could name an executer and dad asked our uncle to be the executer. Now, less than one month later dad has died. Does mom's will still need to be probated? Or does just dad's will need to be probated? Dad named one of the kids to probate his will. Our uncle thinks that he no longer has any responsibility to probate mom's will, which would mean that the one kid would legally be responsible for both estates. Both wills leave the estate to the surviving spouse and if both parents are deceased then the estate is to be equally divided among all children. This is in the Great State of Texas.

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

Great State of Texas

Lawyer's Assistant: Has anything been filed or reported?

I don't know.

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Answered in 1 minute by:
2/21/2018
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 46,321
Experience: Texas lawyer for 30 years in Estate law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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Here there is going to be two probates.You can have the same executor if you choose.You will need a lawyer, Texas case law does not allow you to self represent.The executor is called a personal representative.

Reference

https://www.traviscountytx.gov/images/probate/Docs/pro_se.pdf

State Bar can find you local probate lawyer here

Contact us by phone:(###) ###-####(Toll Free), Monday - Friday, CST, 8:30 a.m. to 4:30 p.m. The call-in service is closed on legal holidays.

I am so sorry for your loss of parents.Expect this to take about 6 months start to finish for both.

I appreciate the chance to help you tonight.Thanks.

If you can positive rate 5 stars it is so much appreciated,

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Customer reply replied 2 months ago
Thank you for your prompt answer. We will have both estates probated and prefer to keep two personal representatives.

That will work fine.Good luck and prayers to you here.Thanks for rating 5 stars.

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