Legal Question in Wills and Trusts in Texas
family contract/estate
My father passed away 3 years ago. There was a checking account and I had right of survivorship. I also have a brother and a half brother. Our attorney prepared a family contract in which my brother and I were to split the money in the checking account.(My half brother was not named to receive any of the checking account funds). My brother passed away in August and he was executor of my fathers estate. There is still an estate account that I have never received my final distribution from.My brother never received all his money from the checking account either. My question is: Does the family contract have more credence than the will as far as the checking account and the right of survivorship? Do I still have to give my brother's share of the checking account money to his heirs?
1 Answer from Attorneys
Re: family contract/estate
Survivorship account trumps. Yes, you need to honor the terms of the contract, otherwise they could sue you for breach. You (or another heir) should request the court appoint you executor so that you can wind up the estate.
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