Legal Question in Wills and Trusts in Texas
Determination of Hiership
My husband's mother passed away 6/25/06, my husband passed away 08/12/06, & my daughter passed away 9/29/06. My husband left a will leaving his estate to me. My husband's mother's will (father deceased) states upon her death her estate be divided equally among her 3 children, & if any one of her children predeceases her it goes to her decreased child's children. My husband DID NOT predecease his mother, yet my husband's portion of the estates is being given to our only living son (since our daughter is deceased too). Did my husband's will not matter in this case?
1 Answer from Attorneys
Re: Determination of Hiership
Your husband should have received his undivided 1/3 of his mother's estate. Then his will would have transfered that to you.
You need an attorney to get the matter straightened out, assuming that the wills have been entered into probate.