Legal Question in Wills and Trusts in Texas
My father's will leaves everything to my mother & in the event of her death, everything goes to me. She passed away two years ago. He specifically named two household items that go to me. He has named me as the executor of the estate. My brother was not named in the will. Does he have any claim? The estate is probably worth $350,000 which includes the house & land.
1 Answer from Attorneys
If you father died before your mother, then your brother would be entitled to an interest through your mother, unless she left a will making no provision for him. I assume there are only 2 heirs -you and your brother. So, your brother under this assumption would be entitled to 1/2 except for the 2 household items.
If your father outlived your mother, then it appears that you got the entire estate. Your brother could contest the will on certain grounds, for example, if your father lacked mental capacity to execute the will.
Note that wills must be probated within 4 years and that you should start the legal process well before then.
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