Legal Question in Wills and Trusts in Texas

will

I am due to inherit from my uncle, but his estate has not been settled yet after years...what if it is not settled by the time die? can I still leave this inheritance to my children in my will even though I will not have received iţby the time I die?


Asked on 1/26/09, 10:04 pm

2 Answers from Attorneys

Re: will

It depends on the specific language in the will. If the gift in the will is complete (i.e. you have met the conditions of the gift) then the gift is theoretically part of your estate, and can be disposed of by your will. If the will requires you to be alive to receive a payment (for example, a trust or annuity) then you cannot. You should check with the attorney handling the estate, as it usually doesn't take that long.

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Answered on 1/26/09, 11:38 pm
Cheryl Rivera Smith The Smith Law Firm

Re: will

Why is it taking years to settle uncle's estate? You may want to hire an attorney to help move things along.

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Answered on 1/27/09, 8:08 am


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