Legal Question in Wills and Trusts in Texas

Re: Father's estate

Your statement of facts leaves more questions for me. Basically, I would have to review the settlement documents and the existing estate documents to answer this. If you settled the claims against the estate, and the estate has a duty of support to other heirs (for example, a prior child support or alimony order) then even if there is a will leaving everything to you, the estate must first satisfy the priority claims. Other priority claims would include hospital/funeral bills, taxes and the like. Your counsel should have thoroughly discussed this with you, as you've likely paid for this advice already. If not, I'm happy to assist.

Re: Father's estate

I am surprised that your attorney has not fully answered your question to your satisfaction. Your suit probably asserted (1) survival claims which belong to your father's estate for which you are the sole beneficiary, and (2)wrongful death claims which belong to the spouse and children, and are not part of the estate. If the case had been tried, the judgment would have made a separate award for survival claims, and a separate award for wrongful death claim of the spouse and each child. However, because the claims were settled, they must be allocated to the proper parties.

Because the survival claims (damages for medical expenses, suffering before death, loss of earnings, and funeral expenses) belong to the estate, this portion of the claims will pass under his will, but as stated above the wrongful death recovery passes outside of the estate (and not under the will).

Because there has been no adjudication of who is entitled to the wrongful death recovery, an adjudication may be necessary.

Also, a full probate may be necessary in connection with estate debts, hospital liens, etc.