Legal Question in Wills and Trusts in Texas

Testametary Trust

My husband (77) and I ( 62), (second marriage of 30 years). made out our pour over wills and testamentery trust in 2004. Note we both have IRA account , mine only about 1/3 of his, ( HiS) monies resulting from sale of farm and property accquried before our marriage. HE has an only daughter with whom the relationsip has been up and down for many years. The trust state that each half of the estate with be divided at the death of one spouse, but the remaining spose will receive the interest on the deceased spose( not touching principle ) as long as they live. THer are some exceptions - major - home repair, illiness.Husband's daughter asking husband for her inheritance now, asking him questions like- '' WWhere did the money come from to build our house? She thininking that it may be monies accuried befor our marriag... There is a '' ' Terror clause staing , any contest will leave out that benificery.'' Will this hold up.

What preparationcan I do now to prepare for the inevitable? Our estate is not large and I am remission for lymphoma ( 4 yr) and my husband was just diagnosied with the begining of Alhemizers. We may not have anything left by then but the idea of attorney fee's and court cosst make me very upset. Thank you


Asked on 6/04/08, 8:21 pm

1 Answer from Attorneys
James Grissom Law Office of James P. Grissom

Re: Testametary Trust

Your questions here are answered by lawyers. If attorneys fees and court costs make you upset, I suggest you consider the expense of the alternative. Perhaps after some thought, conferring with an estate planning attorney on your questions would be more palatable. Good Luck.

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Answered on 6/04/08, 8:56 pm


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