Sabinal, TX Estate Planning Law Firms & Lawyers

In Texas, an interested person can petition the appropriate probate court to compel a person in possession of a Will to deposit the document with the County Clerk. The costs associated with doing so will vary by attorney, but the amount of time involved to achieve this is not substantial. Of course, having the Will deposited only brings it to light. If, as you suspect, there are reasons to believe that the document is not genuine or does not reflect the true intentions of the decedent, you can expect quite a fight. Probate litigation, like anything else, can become very expensive very quickly. Many attorneys handle matters like this on an hourly rate basis, while others may take the case on a contingency arrangement. Visit with a probate attorney near you now, as the issue will not resolve itself in your favor.

The brother who does not want his interest in the property needs to sign a quit claim deed over to you (or directly to the charity) relinquishing his interest in the property. If he quit claims it to you in your capacity as Executor, then you can then deed the property to charity or to a third party.