?My notes on Chilton

Begin forwarded message:


From: Judy ....... <.................>
Date: February 19, 2018 at 10:14:54 AM CST
To: Andy ....... <.....................>
Subject: Chilton follow up


In Texas, you have 4 years to probate a will (legal proceeding to validate & record the will).  If it is not done in 4 years, it is handled as if you did not have a will.  Her will was not probated in 4 years and her will was hand written. :) 
Dad has a copy. 


From attorney after researching in 2012: 
 

The Chilton property is a bit more difficult.  The only way to transfer the property per the Will is to do a Muniment of Title.  This is allowed if we can show a “good reason” why the Will wasn’t probated within the 4 years.  Every court and judge has their own idea about what a good reason is, so we can make some calls to McLennan County and possibly Falls County (where to land is located) to find out what they might be willing to accept.  I did see on the appraisal district website that the Chilton property is only worth about $6,000.  This process would require a hearing (and traveling to either Waco or Merlin) so if it is not something you want to spend the money on, I completely understand.  We can always just file an Affidavit of Heirship for Eula as well and the land would be transferred to the names of her heirs. 




(Judy comment - Mom passed away before grandmother and I think Francis too. If so it would pass to all the grandkids, If not it would have passed to Francis and then her kids. Ugh, messy! I say leave it as is and keep paying the taxes.)