Legal Question in Wills and Trusts in Texas

My father passed away in August, in his will it states; "I give, devise, and bequeth all of my seperate property to my three beloved children (the will then proceeds to name the children)". Within my fathers seperate property exists a Certificate of Deposit. The beneficiary of the CD is my older brother who refuses to release the two thirds of the CD to my sister and I. Since he was the sole beneficiary, do my sister and I have a right to 1/3 each of the CD?

Thank You!


Asked on 12/05/13, 3:28 pm

1 Answer from Attorneys
Robert Newton The Law Office of Robert Newton, P.C.

The beneficiary on any life insurance policies, CD's or other financial contracts typically prevail over the will and pass outside of probate. However, you should certainly speak with an attorney regarding the probating of the estate.

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Answered on 1/08/14, 9:13 am


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