Is it lawful for lawyer to give will to realtor without family's consent?

Question

Grandfather passed away two years ago. Grandmother still leaves in house. Grandmother (who is not always in right mind) was talked into selling the house by realtor without family knowing. Sell was stopped because no one knew where grandfather's will was. Neighbor lawyer "friend" has since found grandfather's will and given it to the REALTOR to probate(?). Again, family was not involved. Family has yet to see will and lawyer "friend" had never mentioned the will to the family. Is this a breach on confidentiality? Can this be reported to the bar? This is all happening in Tx as we speak. Our part of the family is in NC.

We think Gmother is being taken advantage of by realtor and lawyer. She thinks she sold the house for $6000! Family has been unable to get her declared incompentent to date. All of this has nothing to do with the mortgage, I think the house is paid for. I just can't believe that it's legal for a lawyer to have a will and not notify the family upon death. No one knew about the will. Seems convenient to have shown up just in time for the sell of the house.

Answer 1

What they have done is in fact illegal. Go down to the police station, tell them whats happened and have the two of them arrested.

Answer 2

OK. TX is a community property state, and what happens to title on the real property depends on whether or not it was probated.

You have to file probate in TX within 4 years of the date of death. Otherwise, other procedures take place.

As a practical matter, Gfather probably named Gmother as executrix. Which means she has an obligation to carry out the desires of the will. Gfather likely gave all his property to his wife if she survives him. So, if she decides to sell it, that really is her right. However, any purchaser is going to demand that probate be done to vest title in her.

Maybe she'll die before that, maybe she won't.

Finally, if family is not mentioned in the will, then maybe that's the reason the lawyer hasn't mentioned it to them. And it is pretty common for property owners and executrices to contract with real estate agents to sell property.

It doesn't appear there is anything to report to the bar. Gfather's estate needs to be probated & sooner the better. As family who has an interest in the probate, you can file it if you want in TX. But there may already be one filed. You probably need to talk to the "lawyer" friend.

** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **

Answer 3

It's perfectly legal.

A will is a public document. *I* can go to probate court and look at your grandfathers will, and I've never met any of you.

Your grandmother isn't entitled to any of your grandfathers property (Excpet any that passed directly to her outside of the will by virtue of it being 'right of survivorship' property) until the will is probated.

When the will goes to probate, any interested party can challenge it.

Richard

Answer 4

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Answer 5

Yes it can be reported to the bar and you can file in court to stop any sales until a judge has ruled on the matter.

Answer 6

youre grand dad didnt do a reverse mortgage did he? or your grand mom? this sounds like a reverse mortgage.