Legal Question in Wills and Trusts in Texas

Conditions of Will

I have a hypothetical for a story. Both parents die suddenly, leaving the estate and all else to their two sons, but with the condition that they must either live together in the family home for a period of time, or else the entire estate would revert to a charitable trust. Neither son is the executor. Without getting too much into specifics, could this be an enforcible stipulation? Would they be legally bound to disrupt their lives so? If they challenged the will what would the process be?


Asked on 1/05/07, 12:12 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Conditions of Will

The court would find such a requirement to be void for public policy reasons. The sons should hire a probate attorney to protect their interests if there are concerns about the competency of the attorney hired by the executor.

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Answered on 1/05/07, 1:05 pm


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