Legal Question in Wills and Trusts in Texas

Open Estate process after 1 heir deceased

My mothers estate was settled back in 1996 and left open by me the Executorix due to the advice from the attorney. Her Will was made out me & my brother (or his kids if he was deceased). All was settled & paid out to me & my brother. On a yearly basis sometimes a capital credit comes to the estate from a rural electric company which I split between me & him. He passed away on July 4th this year. Now when the capital credit comes in I need to know who or which Will to go by. Do I follow my mothers will & pay it to the kids or follow his will & pay it to his wife? It became a hostile estate (mainly because of his wife which is what my mother had suppected would happen and the reason she left her out of the will), thus I need do what is legally right in this matter since she might take me to court over it. If there are grounds or legal presidences to go on please let me know what they are too.

Thanks for any help you might provide & have a good day.


Asked on 10/01/02, 8:28 pm

2 Answers from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Open Estate process after 1 heir deceased

I expect your mother's will had your brother's portion go to his kids if your brother died before your mother did. You brother's portion then should go as directed by his will, since he outlived your mother and received his inheritance.

You should instruct the electric company how their dividends should be split; that shouldn't be coming to your mother's estate anymore for you to distribute. You should receive your portion and your brother's estate his portion.

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Answered on 10/02/02, 9:18 am
Robert Forrester Gibson, Ochsner & Adkins

Re: Open Estate process after 1 heir deceased

contact the atty who handled your mother's estate. Robert Forrester, Amarillo, TX

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Answered on 10/02/02, 10:58 am


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