Legal Question in Wills and Trusts in Texas

There are three beneficaries of a will, with one of those being the executor. Before the deceased passed, she gave monetary gifts at some point or other to all three. One of them more recent than others. Does the executor have the right to distribute money to himself and one other, stating that the third recieved their money before the deceased passed?

Also, the one that was left out, lived with and took care of the deceased. In Texas, the average yearly cost of long term care is 33,178.50. The average cost of home health is 19.55 per hour. So to have paid her the 19.55 per hour for the 118 hours per week(worked 40 hours at an outside job), that would have cost 105,918.50. So the family saved at least 33,178.50 per year for 4 years if she would have been in a nursing home, or 72,740.00 if they had paid for home health. Can she request to be reimbursed for lost wages during the time she stayed there?


Asked on 6/23/10, 9:47 am

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Any distributions made before death would have been outside the scope of the will, so the judge should address those distributions directly if requested to do so. The caregiver should hire an attorney to make a will contest and request reimbursement.

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Answered on 6/24/10, 5:24 am


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