Legal Question in Wills and Trusts in Texas
Can a Deceased Person or an Estate Inherit?
An executor of a lady's 1970 will may now (in 2003) be dead. Executor was named to be sole heir of residual income which has recently come in from a foreign estate. Can this executor's estate claim this money and distribute it to his heirs or not? Alternate executor is a bank that has changed names 8 times--if executor's estate can't claim this money do I contact the current bank name or try to locate the original bank president so they can claim it? If executor's estate or bank can't claim this money, do I need to see what the foreign will stipulates about this money reverting to another party?
2 Answers from Attorneys
Re: Can a Deceased Person or an Estate Inherit?
It depends upon the language of the 1970 will and what may have been done if that will was probated. Next, it may depend upon the language of the foreign will.
If the named party was to take "per stirpes", then their children would take their deceased parent's portion.
Re: Can a Deceased Person or an Estate Inherit?
The answers to your questions lie within the will if the will was probated. If it was probated, it is possible the estate has been closed and there may be a mechanism, such as a trust, that will provide for the distribution. Your question truly requires further examination into what was done after the death of the decedent.
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