QUESTION

What will happen if my brother and I are executors and beneficiaries to our mother's estate but step-father is still alive?

Asked on Aug 30th, 2014 on Estate Planning - Texas
More details to this question:
My brother and I are executors and beneficiaries of my mother's life insurance and her will including her personal property and any property at the time of her death. Step-father has no idea she changed her will and everything went through her lawyer. He didn't have to be notified because their wills weren't mirrored. Does that make us, as her children and beneficiaries, entitled to her half of all property and assets at the time of her death? The reason I ask is because we have no relationship with him and never have. He despises us and I guess she knew he would change his will to exclude us after her passing or would take her half and give to his son. What does it mean since he is still alive? Will we need to request that all property and assets be sold or appraised and divided to account for what was the value at the time of her death? So that we get her half? I do know we will never have anything to do with him after this so I'm not worried about salvaging any type of relationship since there was not one to begin with. We just want to resolve this and not have something drag out. Also how do we handle her half of items in the home since he is still alive? We are not cold hearted people, but if I told you what he has done to her over their lifetime of marriage, you would understand the desire to resolve this and not look back. He will make all kinds of changes and sell stuff under our noses if allowed which is why we are so interested in resolving this timely. I just need to be prepared for what to expect and what our rights are. Yes there is a will and we are her POA as well. She is at the end of a very long battle of her disease and we have taken care of her at her request in her home because he doesn't.
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1 ANSWER

Wills and Estate Planning Attorney serving Sugar Land, TX at Law Offices of Kimberly D. Moss, PLLC
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The terms of your mother's will determine you and your brother's rights, obligations, and duties with regard to settling her estate and the division of her property. If your mother is still mentally capable of doing so, it is a good idea to talk to her about these issues now while she is still alive. The division of her personal property in the home is something that she could do while living, and it would be up to her to include or exclude her husband from the process. It sounds as though your mother is quite ill, so this may not be possible. If you have a copy of your mother's will, it may be a good idea to take it to a local attorney who is knowledgeable about probate law to discuss your concerns.
Answered on Sep 04th, 2014 at 2:22 PM

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