Legal Question in Wills and Trusts in Texas
Last Will and Testament - Intent vs. Written
My aunt passed away recently. Her LW&T stated that any land she possesses at the time of her death should pass to her siblings. The LW&T stated that her children receive the proceeds of her personal account. A week before her death, her agent sold a large amount of property and placed the proceeds in my aunt's personal account instead of placing the funds in a separate account. This was an admitted mistake (by her agent) but my aunt's children are trying to claim the proceeds of the property sale. Do you know of a legal precedent where the ''intent'' of the will was followed instead of the ''written'' will?
2 Answers from Attorneys
Re: Last Will and Testament - Intent vs. Written
This could be quickly resolved by the agent's testimony. Might cost somewhere around $10K-$20K - unless the children extend the contest. The legal fees would come out of the proceeds of the sale and the balance of the estate. Sometimes the legal fees will eat up the entire estate unless your talking about big 6-figure $$.
Re: Last Will and Testament - Intent vs. Written
When you say her agent, I am assuming you are talking about someone with power of attorney?
The will has to be interpreted according to the natural meaning of the words. If the agent screwed up, the agent may be liable to the siblings, who presumably lost the proceeds. But, even if the funds had been put in a segregated account, it would seem that the funds would go to the children. Was the property held in a Living Trust that provided for an alternate distribution? The details here would make a difference, and as a practical matter this is a dispute that will have to be worked out in court.
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