Woodway, TX Estate Planning Law Firms & Lawyers

If the Will meets the other requirements and is witnessed by two disinterested persons, of which you can locate one to sign an appropriate affidavit, the Will may be valid. If it is not witnessed and is solely in her own handwriting, and the will is dated, signed and sets froth that it intends to dispose of her property upon her death, it may be valid as a holographic Will. You should probably speak with an attorney and have the Will reviewed.

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.

If you were not married to him - and if he did not leave a will naming you, chances are you will not be entitled to receive anything from his estate. Michigan does not recognize "common law" marriages - so you are just a "friend" and without a will, you get nothing.