Remember, though, interest earned on a separate property account is community property, unless you and your wife have signed a marital property agreement to the contrary. Q. My mother died recently. However, now, neither my sister nor I can find it. For most wills, this means you must prove it was properly signed and witnessed. Contact the attorney who drafted your mother's will.
Most lawyers keep copies of all signed wills on file for many years.
The copy will tell you who the attesting witnesses were. Second, you must prove that your mother did not revoke the will. Texas law presumes that a lost will was destroyed with the intent to revoke it. Therefore, you must be able to explain why the will cannot be produced by showing that she kept the will somewhere where she did not have access to it and could not have revoked it, or by showing some other evidence that she did not revoke the missing will. Third, you must prove generally what the will said by the testimony of a credible witness who has read the will.