Legal Question in Wills and Trusts in Texas

Revocable Trust

My father passed away 11 Apr 2000 from Asbestos. He had a Pour-Over-Will/Revocable Trust. Can you tell me if the Will should have been Probated and if so by who and am I allowed to have a copy of the Revocable Trust? I was told repeatably by my stepmother that there was nothing to Probate and that I could not have a copy of the Trust. Later I was told that it would cost to much to get a copy of the Trust. She is Executor of the will and I assume Trustee of the Trust. But I don't know because I haven't been able to get a copy of one. The will states that anyone that argues the Trust is to receive only $1.00. I don't wish to argue anything but I would like to know if she is following my fathers wishes. I want to believe that she is but have a feeling that she isn't. She is fixing to sell their home and move back to where her family is and she is from. Supposedly she is flat broke with all Credit Cards maxed out but yet has no problem spending money freely on herself and other family members.


Asked on 7/06/05, 9:51 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Revocable Trust

The pour-over will should be probated if there's any property not already assigned to the trust.

If your father wanted you to have a copy of the trust he'd have given it to you. Trust instruments are not public documents and you do not have a legal right to see it.

If you force the issue with a lawsuit, you may find the pour-over will probated and end up with $1.00 and substantial attorney fees.

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Answered on 7/07/05, 10:38 am


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