My husband passed in December 2014. I have a written will. He has a workshop on our property which some of my girl had built for their dad. ...

Question

My husband passed in December 2014. I have a written will. He has a workshop on our property which some of my girl had built for their dad. I am now told by a friend of his that John-My husband left his workshop and the tools to him. Is this binding

Answer

Unless he has a will that revokes yours, the statement is not binding. You need to probate the written will.

Answer

It depends on what your deceased husband's Will states. Hypothetically, if your husband left the property (workshop and the tools) to his friend in his Will, then, the workshop and the tools go to his friend, and if no title or deed is required to transfer the property, I would not suggest going through the Probate process. If the Will does not name the friend, and leaves everything to the family, then, I would say the friend is out of luck. Also, is the Will a valid Texas Holographic Will?

I would need to see the Will to advise further.

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