Legal Question in Wills and Trusts in Texas

Gift Deed

My mother gift deeded each myself and my 2 sisters and 2 brothers family land. One of my brothers received the portion of land with the family home. He recently died, and in his will he left all of his estate to his surviving wife and no mention of the gift in the will. Our mother is still alive and in a nursing home, and is in a 'Sound Mind' and is concerned about who gets the family home. Is there anyway she can revoke the gift deed and give the land to one of her other children. A portion of his will states ''Any other property of mine that has not been disposed of under any other provision of this Will shall go and be distributed to my heirs-at-law. Their identity and respective shares shall be determined in all respects as if my death had occurred immediately following the happening of the event requiring such distribution, and according to the laws of Texas then in force governing the distribution of the estate of an intestate.'' Will this help us get the land back?


Asked on 1/22/09, 1:59 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Gift Deed

There are no "do-overs" once a property is deeded. It looks like wife gets the house. This is one instance when it would have been better to use a trust to make sure final wishes are carried out.

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Answered on 1/23/09, 7:49 am


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