Legal Question in Wills and Trusts in Texas

inheritance

my mother passed away in 2006, her estate has been settled. My brother had her to put my inheritance in a trust fund. She was on the medication Vioxx and is expecting a settlement. I would like to know if this also has to go into the trust fund (that i can never touch) or will i be able to get it since the estate has already been settled


Asked on 5/25/08, 12:48 am

2 Answers from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: inheritance

There is no way to answer this without looking at the Trust.

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Answered on 5/25/08, 9:26 am

Re: inheritance

There are usually two types of cases when a person dies. The first is for pain and suffering that the person endured pre-death (called the 'survival' claim). Damages from this portion of the claim belong to the estate, and would therefore follow the disposition of the estate. My suspicion is that this portion of the funds would follow your mother's will, and therefore go to the trust. The second portion of damages for the lawsuit goes to the heirs of the estate (called 'wrongful death') This portion has nothing to do with the estate, and compensates the heirs for the loss of their family member. This portion of the damages would likely go to you personally, absent some agreement to the contrary (called a 'family settlement agreement')

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Answered on 5/25/08, 10:01 am


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