Full question:
My father passed away. He told me a couple years ago that he had a Will and Trust and as long as everyone follows his wishes then everything would be fine. However, he said, he is a little worried that ___the girls___ meaning his step daughters, would try to change things. He went on to say that their father passed away a couple of years ago and there was a big battle over his money.I was at his bed side when he died and stayed there to help out my step mother until her two daughters, and the step granddaughter, who is the daughter of my father___s step daughter, could take over. My father___s step grandchild, is the executor of his Trust. No one said anything about the Will and Trust and I didn___t think it appropriate to say anything at the time.1.Is there something I should be doing in order to protect my rights of inheritance as my father___s only blood child, his son?2.Is asking for a copy of my father___s Will and Trust acceptable by law?3.If so, how do I know what I get is the authentic version?4.Could my step mom change my father___s wishes in their will and Trust?
- Category: Wills and Estates
- Date:
- State: Texas
Answer:
When the father passsed, the will should have been filed at the probate court in the county where he resided at the time of death. Interested heirs should receive notice and opportunity to be heard in the probate process. If you suspect your rights have not been upheld, we suggest you consult a local attorney who can review all the facts and documents involved. We suggest calling the clerk of court to inquire about viewing a copy of the will. The court's acceptance of the will when filed in probate is presumptive proof of its validity, although expert testimony, such as handwriting analysis, may prove otherwise. Once on file at the courthouse it is a public document. However, a trust is not a public document. It may optionally be filed in some cases. You may also want to check the county recorder's office where any real property is located.
Whether the wife has the power to change the trust depends on the terms of the trust document. Some trusts are irrevocable, others give the trustee discretion to change distributions. Once a will is written, it can only be changed or revoked by its maker.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
