Legal Question in Wills and Trusts in Texas

My step-dad is dying and has a will. In the will, everything is to be sold and divided up. My brother is the executor and said his lawyer said nothing could be given to the other kids, not even my mothers' wedding rings. My mom passed six years ago and left everyting to my dad. I was told I could not even have the things that I gave them as gifts, or the things that my mom gave me before she died that my dad was storing for me. Is this true?


Asked on 10/21/11, 12:15 pm

1 Answer from Attorneys

Brian Thomas Burdette & Rice PLLC

Not much of what you've been told is true. First, your brother isn't the Executor yet if your father is still living -- and he won't be until the Will is admitted to probate. Why he feels compelled to have an attorney advising him regarding a potential future fiduciary position is his problem. As for things that you gave to your parents as gifts -- you gave them away. Getting them back shouldn't exactly be expected, but I can understand that these items may have emotional significance to you that far outweighs their monetary value. Same with the things that your mother gave to you (assuming that you can prove the gifts were made.)

All in all, you're hearing what your brother interprets, and I wouldn't place too much stock in it. It demonstrates some pretty fundamental misunderstandings on his part, however, which should be a pretty clear signal to you that you'll want to retain your own attorney when the time comes.

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Answered on 10/21/11, 12:36 pm


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