Legal Question in Wills and Trusts in Texas

tortuous interference with rights to inheritance

If trusts have been filed granting assests to others, can such an action be filed prior to the testor's death and probate?


Asked on 3/31/09, 9:01 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Re: tortuous interference with rights to inheritance

I suspect you are confused as to what these two different documents do. In a trust, the asset owner establishes who is to get the assets; those assets are excluded from the estate of the Will. the Will only deals with assets that are in existence at the time of death and that do not legally pass in some other fashion [insurance policy proceeds go directly to the beneficiaries, trust assets follow the instructiions in the trust].

So if your situation is one in which property you hoped to inherit has been placed into a trust, yo have no legal right to complain. There is no "right to inherit" until the person has died.

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Answered on 4/01/09, 2:10 am
George Shers Law Offices of Georges H. Shers

Re: tortuous interference with rights to inheritance

I suspect you are confused as to what these two different documents do. In a trust, the asset owner establishes who is to get the assets; those assets are excluded from the estate of the Will. the Will only deals with assets that are in existence at the time of death and that do not legally pass in some other fashion [insurance policy proceeds go directly to the beneficiaries, trust assets follow the instructions in the trust].

So if your situation is one in which property you hoped to inherit has been placed into a trust, yo have no legal right to complain. There is no "right to inherit" until the person has died.

Read more
Answered on 4/01/09, 2:12 am


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