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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33708
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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My mother deeded my brother 191 acres about 20 yrs ago,

Customer Question

My mother deeded my brother 191 acres about 20 yrs ago, would this be considered part of his inheritance? He request she do this, she made is clear that it would be part of his inheritance. We can not find her will.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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would this be considered part of his inheritance? He request she do this, she made is clear that it would be part of his inheritance. We can not find her will.

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Without something in writing like a will, then legally no, this would be considered an "intervivos gift" (while living) from mother to son and wouldn't count towards his share of any statutory inheritance under TX intestate law.

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Unfortunately, it isn't what mother intended that counts here. It is what she actually did in legal form..i.e. a will. If she put the instructions in her will that this was to count towards his inheritance, then the executor would be obligated to reduce his share by the value of the land 20 years ago.

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But if she has no will, or it is lost and not found, then TX default intestate law controls and the children all split her estate evenly, regardless of any prior gifts that she has made to the children over the years. The court won't impose its judgment over the deceased's and the presumption would be that if she didn't have a will that specifically stated that an heir's share was to be reduced, then that was not her intention at the time of her death.

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thanks

Barrister

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