Legal Question in Wills and Trusts in Texas

In my aunt's will I was left personal property. However, her nephew claimed she had "gifted" these to him before she died. He was paid a large amount of money and the executor was told he was to get nothing else from the estate. He admitted reading the will before our aunt died. Does a "gift" supercede a will? If this is true then anyone could claim an elderly person gave them personal property without showing any type of proof. Is there something I can do?


Asked on 5/27/10, 11:29 am

1 Answer from Attorneys

Cheryl Rivera Smith The Smith Law Firm

A gift or a sale does supercede a will. You could sue nephew and let a judge decide whether the gift was legitimate or not.

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Answered on 5/27/10, 4:15 pm


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