Legal Question in Wills and Trusts in Texas

The individual's Will can only pass what he or she has. If assets have been put into a trust, then they are owned by the trustee and not the individual. If the trustee dies, there will be a successor trustee. The Will can be probated at any time (up to four years) regardless of the trust and will transfer only the property that is still owned by the deceased, not what is in the trust. There are exceptions, of course, so you should discuss this with a probate attorney.