If my grandfather left me his house in his Will but my aunt wants to fight this, what’s my next step?

UPDATED: Oct 1, 2022

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If my grandfather left me his house in his Will but my aunt wants to fight this, what’s my next step?

My grandfather passed 5 years ago. He left a Will for me to be his executor and I was to get his house. My aunt filed a document to get executor of the estate and told me that it meant she would have control over the property. I’m still young and really don’t know much on the subject. I recieved a call from my mom telling me there are tax documents at his house. The tax assessor office said

they didn’t get the document until last year but it’s mine. She said if I wanted the house, I should have claimed it when he passed. So I’m not sure if she can contest the Will and if I need a lawyer to defend me. And if it is even worth defending since the house is only worth about 25k?

Asked on March 24, 2018 under Estate Planning, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

So if you are the named Executor in the Will then you are the person who should be appointed.  If I were you I would go down to the Probate Court and get all the documents that have been filed.  I would take them to an attorney in your area for a flat fee consultation.  It truthfully sounds as if she lied to the Court and did NOT probate the Will.  Then you can possibly have it all set aside for fraud.  I can surely understand that the cost of fighting it may be an issue butlet the Court help you here and don't let her get the best of you.  Good luck.

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