Legal Question in Wills and Trusts in Texas

revocable living trusts

My father recently passed away leaving a revocable living trust. He owned about 8 rental houses. My stepmother is the trustee. She is now selling most of the property. Is this legal, what are my options to make sure i am not left out.


Asked on 5/16/07, 4:39 pm

2 Answers from Attorneys

Peter Bradie Bradie, Bradie & Bradie

Re: revocable living trusts

If everything he owned was in the living trust (now irrevocable upon his death) then your stepmother has a right to convert the property to cash. If you are not a beneficiary of the trust, or a remainderman, you are left out.

If some of his property has not been placed in the trust, and he has not left a will, you would be entitled to his one half of the community property outside the trust. You'd have to file an action to probate his estate in the county where he lived.

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Answered on 5/16/07, 5:22 pm
Kathryn Perales PMI Oil Tools

Re: revocable living trusts

In addition to Mr. Bradie's answer, if you are a current or possible future beneficiary of the trust, then you have a statutory right to see a copy of the trust and also to obtain periodic accountings. Any other rights depend mostly upon what is in the trust instrument. So the first thing for you to do is to request a copy of the trust agreement, and if she refuses, get an attorney involved.

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Answered on 5/16/07, 5:53 pm


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