What are Texas probate laws

Q: Is a will written in one state valid in another state if a person changes his resident?

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Q: Father is in a coma, how can I get power of attorney (POA) to handle his financial affairs

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Q: What are Texas probate laws

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Q: Can the named personal representative of my father's estate cash two small checks that were issued in his name

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Q: Under NY probate laws what will happen to a deceased persons bank account that died without a Will

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Q: Annuities with death clause part of the estate?

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Anonymous Oct 18, 2008 Wills And Estates 4 views 2 answers

My father was dying and he requested that his children needed to get his things in order, bank accounts, funeral, Will, Etc. Much to all of our suprise (including my father) everything was to go to the oldiest daughter and upon her death to her offspring. She died 3 weeks prior to my father. Question-Is the Will null since she passed away prior to our father?

Attorney Answers

Luann Trevino

Luann Trevino · Jun 15, 2026

The will is probably enforceable unless you can show there was duress or fraud in the creation of the will. You say your father was surprised by the terms of the will. Did he take any action to write a new will or tell witnesses this was not his wish? You really need a probate attorney. I suggest Howard Reiner, 713/963-8004.

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Laura KalishWills and Living Wills LawyerSpring, TX

Laura KalishWills and Living Wills LawyerSpring, TX · Jun 15, 2026

The will is probably not void, but I am wondering why he signed a will that "surprised him" and included someone as a beneficiary who had already died. Unless there is a significant amount of property passing under the terms of the will, it is best if the family can work this out without litigation. Keep in mind that some bank accounts pass directly to beneficiaries, and the will does not involve those POD (Payable on death, or survivorship accounts). Also, anything with a beneficiary designation, like retirement accounts or life insurance, is not affected by the will.

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