Legal Question in Wills and Trusts in Texas
Will- Probate assetts and non pr. assetts
In Texas. My father passed away with an estate of 10 million. the IRA of 8 million didnt make it into the estate. the estate is bankrupt without it. The only probate assett in the estate is a home appraised at 1 million in the country of Costa Rica. The surviving spouse, ( marriage to my father of only 9 days prior to his death) was not willed any portion or proceed to the home. We each were willed 25% of the IRA in which we cannot collect as it belongs to my brother by direct beneficiary designation. Can a probate judge rewrite or change the conditions of a will to give the step mother a portion of the home to allocate her missing out on the 25% of the IRA? My brother was designated 50% owner of home and I 40% , the rest to grandchildren.
2 Answers from Attorneys
Re: Will- Probate assetts and non pr. assetts
Unless the intentions of the testator are challenge, the judge does not have to power to spuculate nor distribute property outside the estate. Give us a call if you have further quesitons.
Re: Will- Probate assetts and non pr. assetts
This is not a question for lawguru, this is a question for an experienced probate attorney who has all of the facts and has reviewed all of the documents.
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