Legal Question in Wills and Trusts in Texas
Shouldn't my late husband's portion be mine?
My first husband died about 15 yrs ago (almost 1 yr after his father died) his mother died earlier this year and I have just found out that my father-in-law left a trust within his will to his wife but upon her death, it was to be termintated and distributed to his two sons - no other survivorship language is mentioned. The executor of the will has distributed my husband's portion to my 2 sons, but since my husband left everything to me in his will, shouldn't I be entitled to his portion? A friend of mine told me that my husband's interest vested when his dad died so I should get his part. Is this true?
1 Answer from Attorneys
Re: Shouldn't my late husband's portion be mine?
No. The vesting took place when his mother died and the trust ended. Since the trust was silent as to the event of one son predeceasing, Texas law passes the parent's portion to their surviving children and not the spouse.
Don't ask your friend for medical advice!
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