Legal Question in Wills and Trusts in Texas

Executive of Will

My mother died 3 years ago and I was named Executive of the estate. She left a will that stated her property would be divided up 50/50 between me and my sister. We are now at the point of selling the property and my sisters health is poor and she has stated that her plans are to leave her 50% to one of her daughters (my neice) if she passes before we complete a sale. So, my question is...does that make the property 50/50 with me and my neice, or by being executor, would I have more rights seeing that my sister had passed? Could I sell it on my own, or would I still have to coordinate everything through my neice?

Asked on 9/05/06, 8:05 pm

1 Answer from Attorneys

Cheryl Rivera Smith The Smith Law Firm

Re: Executive of Will

It depends on the contents of the will and whether your mother left the property to you and your sister per stirpes or per capita. Your sister should have a will of her own so that her wishes are carried out. A mere verbal declaration of intention carries no legal weight and if she dies without a will her estate will be distributed according to Texas law.

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Answered on 9/06/06, 6:42 am

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