Legal Question in Wills and Trusts in Texas

Will or No Will?

My father has entered a nursing facility and is failing fast. He never bothered to update his will and it still names my mother as his heir even though she has been remarried for over 20 years. There is not an issue of her turning the assests over to my brother and myself, however I have several questions.

Finding an actual copy of the document will be incredibly difficult because he had ''collector's syndrome'' and his house is unbelievably cluttered. Also, my mother wants nothing to do with this man including inheriting his money.

So my question is, are we better off not even trying to find the will? Is there a difference, tax-wise, between our mother inheriting and my brother and myself? My brother filed for bankruptcy five years ago. I know if he is an heir the money will not affect his bankruptcy, but what about gifts from our mother, which is essentially what the money will be if she inherits?

Thank you for your time.


Asked on 7/30/06, 5:34 pm

2 Answers from Attorneys
Marc Pederson Pederson Law Office

Re: Will or No Will?

I agree with Mr. White's response, but it needs to be qualified. The gift is void UNLESS the will specifically states that the gift will remain intact even in the event of a divorce. Such a provision is highly unusual, but not unheard of.

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Answered on 7/31/06, 4:33 pm
Charles White Charles G. White

Re: Will or No Will?

Relax. In Texas any gift to an ex-spouse made in a will signed prior to the divorce is void.

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Answered on 7/30/06, 5:40 pm


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