Legal Question in Wills and Trusts in Texas

can heirs exchange their inheritance with each other


Asked on 4/12/10, 5:28 pm

1 Answer from Attorneys

MARK TALBOT TALBOT & TALBOT, P.C.

Possibly. The court administrator of the estate should be advised regarding such a request. Otherwise, if bequest are specifically set out in a will, a transfer or swap might have gift tax ramifications. Assuming a probate administration has been opened for the estate normally confering with the executor/excutrix (and perhaps the court) might help in swapping like valued assets. If no administration has been established then you might have a problem with the validity of any conveyance of property as not being valid. (No one would have authority to convey interest on behalf of the decedant.)

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Answered on 4/20/10, 7:37 am


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