Legal Question in Wills and Trusts in Texas

Re: Determining my nieces & nephews?

Is the will referring to your uncle's nieces and nephews, or are you saying that he may have left the residue to your nieces and nephews? The specific language of the will should be clear enough on this point.

Perhaps your question is more of whether nieces and nephews would just include your uncle's nieces and nephews by blood, or also by marriage, meaning the children of his wife's siblings. Especially if he were divorced, this could cause confusion. There is a Texas case which says that "my nieces and nephews" is ambiguous. Therefore, if not all of the blood and by marriage nieces and nephews are in agreement as to who is included, then a hearing should be scheduled wherein the court would admit evidence and testimony to try to determine your uncle's intent at the time that he wrote the will.