Legal Question in Wills and Trusts in Texas
No funds left
My stepfather died leaving no property other than an anuity which was co-owned by my mother and leaving her as sole beneficiary of the account if he died. However, he left a will leaving a specified amount of money to his two sons by a previous marriage. When the will was written there were more funds but these funds were spent by him prior to his death. Does my mother have to pay the specified sum of money to his sons or is she the sole beneficiary of this account?
Asked on 1/27/03, 9:52 am
1 Answer from Attorneys
Peter Bradie
Bradie, Bradie & Bradie
Re: No funds left
The annuity passes by contract and is outside your stepfather's estate. Since the money he designated as an inheritance was spent, that devise lapses. Your mother doesn't have to pay it.
Answered on 1/27/03, 12:46 pm
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