Legal Question in Wills and Trusts in Texas
Does wife get deceased child's portion?
Is there ever a situation in which the widow would be entitled to her deceased husband's portion of his parents will? Example: Husband leaves in his will a trust to his wife and upon her death, the trust is to be terminated and distributed to his son and daughter. The son of the testator dies 2 months after the testator, but the wife lives 17 more years. Now she has passed away and the widow of the son is claiming his portion should be hers (because the deceased sopn left everything to her in his will) while the living daughter is claiming that the deceased son's potion should go to his two children. Who is right?
2 Answers from Attorneys
Re: Does wife get deceased child's portion?
It depends upon what the terms of the trust state. Most trusts or wills allow for the share to go to the heirs which would include the offspring of the deceased son.
Re: Does wife get deceased child's portion?
Unless there's specific language in the trust otherwise, the duaghter's position is correct; his children get his portion.
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