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 your father passed away, his will should have been filed with the probate court in the county where he lived. As an interested heir, you should receive notice and have the opportunity to participate in the probate process. If you believe your inheritance rights are not being respected, consider consulting a local attorney who can review the relevant documents and facts.
You can contact the clerk of court to request a copy of the will, which is a public document once filed in probate. The court's acceptance of the will serves as proof of its validity, although expert testimony, such as handwriting analysis, may challenge that validity. However, a trust is not publicly filed unless specifically done so; it is typically a private document.
Regarding your stepmother's ability to change your father's wishes, it depends on the terms of the trust. Some trusts are irrevocable, while others allow the trustee to modify distributions. A will can only be changed or revoked by the person who created it.
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.