Legal Question in Wills and Trusts in Texas

My father passed 05/15 he made his will in 1997 and in his will he left a truck to my brother who passed five years before my father. In my father's will it states that in case of one his children passing that their children would get his /her part. When my father made his will he did not describe the truck with any year make or model, it just says the truck should be given to by brother. In 2007 my father bought a truck, now my question is should this truck be sold or given to my brother's daughter since it's not the listed in the will.


Asked on 7/20/15, 11:02 am

1 Answer from Attorneys
Arthur Geffen Arthur H. Geffen, P.C.

Sorry for your loss.

Since a specific truck was not listed in the will, the argument is that he intended to leave whatever truck he owned at the time of his death to his named child or his descendants. Thus the truck goes to your brother's daughter.

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Answered on 7/20/15, 11:08 am


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