my grandfather has passed and the family is trying to find out if he had a will.

UPDATED: Sep 25, 2016

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my grandfather has passed and the family is trying to find out if he had a will.

My grandfather was been in a common-law relationship for over 20 years in dallas,
tx and his common-law wife kept his kids from coming around and she hasn’t
communicated about grand dad having a will. I need help please for the sake of
the family.

Asked on September 25, 2016 under Estate Planning, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can file for probate of your grandfather's estate.  If his new wife does not want the court to follow the usual inheritance rules, then she will have to produce his will.  She will also have to demonstrate that it is a valid will.  To start the probate process, you will need to find a probate attorney.  A probate should be filed in the county where your grandfather was residing at the time of his passing.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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