Legal Question in Wills and Trusts in Texas
Not-named
I am adopted by my birth grandfather.I don't believe I am named in his will but he has told me, my stepmother(who I believe is the executor of the will)and my whole family that he wants me to have all the money from a profit sharing plan from a business he started with my grandmother. Basically, this money was there before he married my stepmother. Will I get the money or could I sue my stepmother to get what he wanted me to have.
2 Answers from Attorneys
Re: Not-named
If he wanted you to have it he should have put it in trust. Verbal promises made before death are not enforceable in Texas.
Re: Not-named
If you were designated under the profit sharing plan as the beneficiary, then the plan assets should go to you. If the profit sharing plan designated some other person as beneficiary under the plan, then the plan assets should go to the other person. If the profit sharing plan named no other beneficiary at all, then the profit sharing assets will become a part of the probate estate and will pass under the will. However, if the profit sharing plan named a specific beneficiary, the plan assets are not part of the probate assets and do not pass under the will.
You should get copies of all relevant documents to determine your status. Of course, an attorney can be quite helpful in determining your satus.
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