Is a Will filed in the county where someone lived so that you can read it?
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Is a Will filed in the county where someone lived so that you can read it?
A Will was apparently changed in the last few months before death. The person was having mental issues the last couple of months and changed the Will leaving 100% of the estate to the caregiver according to what I’ve been told. I want to look at the Will and see the date of the change. Is it a matter of public record?
Asked on July 15, 2011 under Estate Planning, Texas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for the death of your loved one and for the situation that has occurred. Listen, this particular tyoe of fact pattern - the changing of a Will prior to death of the elderly or frail to benefit the caregiver - sends up a BIG red flag to the Court and everyone else that there has been "undue influence" on the testator. If it can be proven then the Will is set aside and if there is a prior Will it would be "reinstated" so to speak. Now, time is an issue here so the Will is indeed filed in the county in which the testator (the decedent) resided at the time of his or her death. Once filed it is a public record so you can go down to the court and look at it. The time to file objections comes quickly so I would seek legal help to file a Will contest asap. Good luck.
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