Legal Question in Wills and Trusts in Texas
Before my dad died he gave me his coin collection. Now that he has passed the executor says I have to share the coins with all the benificiaries. Is that right?
1 Answer from Attorneys
It depends on whether or not you can actually show that the gift occurred. Obviously, if there was no gift during your father's lifetime, the assets belong to his estate and are subject to the Executor's care and management. Not to imply anything, but I think you can understand why any Executor might be at least a little suspect of the "He already gave it to me" defense. Two ways to go here: 1. Rely on your knowledge that a gift did occur. Prepare to hire an attorney if the Executor or another beneficiary decides to fight it out. Or, 2. Attempt to come to some kind of compromise, which may include returning to the estate some or all of the coin collection.
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Need help after sister stoled my part of the willed money Asked 10/13/11, 11:34 am in United States Texas Probate, Trusts, Wills & Estates