Legal Question in Wills and Trusts in Texas

Accumulated Funds before Marriage

My Dad died and had remarried. In his will he stated everything he accumulated before I married 'Sue' is be considered mine. any interest and accumulation is considered mine and will be split between my children 'J'and 'H'. Everything accumlated after our marriage is to be considered ours.

My Dad had a checking account that had pre marriage funds and the interest derived from those funds. For whatever reason he put his 2nd wife 'Sue' on the account as right of survivorship and my brother and I as co signers. Everyone has always known that was my Dad's account and my Dad had a seperate list of personal possessions that list this account. 'Sue's' children insist this is her money. She will be entering into an Alzheimer's Nursing home care unit now that my Dad is not alive to take care of her. Do you stand a chance of getting this money? They closed out the account after my Dad died.

Should we go to a lawyer?

Thank you.


Asked on 1/29/09, 5:46 pm

1 Answer from Attorneys

Patricia F. Bushman BUSHMAN LAW OFFICES

Re: Accumulated Funds before Marriage

You need to take all the facts and sit down with a good probate attorney. That's the only way to tell if this is enough money to spend the money to fight over and whether you have a shot at winning.

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Answered on 1/29/09, 6:02 pm


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