Legal Question in Wills and Trusts in Texas
father passed away had set up a irrevokable trust where house 140,000 and a lot 40,000 that is set to close the 6th of july.. just recieved 32,000 bill from hospital.for fathere care. sister is executor and myself and brother make up the 3 heirs. is the 32,000 payable even though property is not in fathers name? his bills credit cards etc?? are there taxes due on the 40, 000 cash he had in his checking? the 140,00 dollar house, the 40,000 lot set to close? money going out of trust to us {3 heirs}. sister just doesnt seem to know what to do where as these issues are a matter of fact/law? thank you appreciate your help...
1 Answer from Attorneys
First make sure his Medicare or other insurance has paid all necessary hospital bills. They often send bills prior to insurance payments. Since his estate is relatively small, it will not be subject to inheritance taxes. The law says Dad's debts are to be paid out of the estate. The corpus of the trust are part of the estate, so siblings should get together to figure out how to distribute the money.