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CalAttorney2
CalAttorney2, Attorney
Category: Estate Law
Satisfied Customers: 10238
Experience:  Civil litigation attorney for individuals and businesses.
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My father made a trust which provided my mother my brother

Customer Question

My father made a trust which provided my mother my brother and myself. No grandchildren were included in the trust. My Mother and brother recently passed away leaving myself as sole beneficiary. My question is can my brothers heirs claim his part of the trust.
Submitted: 1 year ago.
Category: Estate Law
Customer: replied 1 year ago.
I also would like to know if a self drafted trust is subject to probate laws in Texas?
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

It really depends on what the specific terms of the trust are (you are probably going to need to speak with a local trusts and estates attorney).

However, in general, your brother's heirs are going to be entitled to his share of the trust assets.

Just because his heirs were not identified as separate beneficiaries does not mean that his estate forfeits his share of the trust.

  • Here is how it would look (again, this is general you need a local attorney to look at your docs)
  • John Doe (trustee) leaves assets to Jane Doe, Sally Doe, and Nancy Doe.
  • Jane Doe dies.
  • When John Doe dies, the trust vests and the gifts go to Sally Doe, Nancy Doe, AND to Jane Doe's estate
  • Jane Doe's estate distributes her interests according to her estate plan (so if she has a will, trust, or if she died "intestate" (without a will)).

Trusts do not go through probate. (See: http://www.nolo.com/legal-encyclopedia/texas-avoiding-probate-31945.html).

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