Legal Question in Wills and Trusts in Texas

Items in a will

My father recently died and he never changed his will after my mother died which stated that anything that he possessed at the time of his death was to be divided up between his three children. After my mom died almost 17 years ago, he gave me everything that was in their house which included weapons and jewelry. My father did not want one of siblings to have anything after he died. Now that sibling is trying to get some of the things that I have had since my mother died. Can the executor of the will sue me for those items? Also, there was an IRA that he put my children's names down as beneficiaries but did not put any other names, can my sibling fight that in court?


Asked on 3/11/09, 4:09 pm

1 Answer from Attorneys
Patricia F. Bushman BUSHMAN LAW OFFICES

Re: Items in a will

People can try to fight (sue) for almost anything. Your father could only leave what he actually owned at the time of his death. If he had given items to you years ago, he no longer owned them. That may not stop your sibling from trying to get what he or she wants, or at least ruining it for you.

An IRA with designated beneficiaries passes outside the probate and is not controlled by the Will. Your sibling should have no grounds to contest the distribution.

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Answered on 3/11/09, 4:22 pm


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