Legal Question in Wills and Trusts in Texas
Alright this is a tricky one, see if you can find any criminal activity.There is a mom, dad, and two brothers and an estate. Both the mom and the dad have wills. Whoever dies first, the other gets the estate. When the last one dies the brothers split the property.The dad dies, and leaves the estate to his wife in his will. But before the will is actually executed by the executor, the executor (the brother) sells the estate to himself by getting a signature from the mom. This means that her will, the one that stated the two brothers would get half could not be fulfilled. The question is: Is the executor allowed to get a signature from the beneficiary of the will before the will is executed and buy the estate resulting in that beneficiary's will not being able to be executed essentially leaving the other brother out cold?
1 Answer from Attorneys
Probably, as long as Mom had capacity to sell.