Legal Question in Wills and Trusts in Texas
How hard is it to prove that a parent was influenced to create a trust with the son that took her to the attorney as the trustee. When this trustee dies it is in the control of his son not the present trustees' brother. The will of the father and mother stated everything was split equally. Can that will be found anywhere and if so where do I look?
1 Answer from Attorneys
Wills are filed with the probate court if/when the estate is probated. However, often a trust can alleviate the need for probate and thus the will would never be filed of record. Additionally, the trustee doesn't determine how the money is split, the trustor does through the trust document. Trustees may have more or less flexibility, but they are always acting in a fiduciary capacity.
You could ask for a copy of the will and the trust. Beyond that, I'm not sure how else you would find it unless you're just snooping around.
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Texas. my mother pass on no will how long do the probate take? Asked 9/15/14, 4:56 am in United States Texas Probate, Trusts, Wills & Estates
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