QUESTION

If a father dies and leaves everything to the mom but also states what people get does the mom's will take over for eveything as well as property?

Asked on Dec 07th, 2016 on Wills and Probate - Texas
More details to this question:
Her will is older than his. His will states for everyone in family hers states between sons.
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1 ANSWER

Kevin Spencer
If your father left everything he owned, via a Will, to his Wife, then nothing he said verbally about what he wanted her to do with the property matters.  Once the Will is probated, the entire Estate belongs to her and she can do with it as she wishes, including leaving it to someone else (outside your family) in her Will. You have the option of contesting that Will, if your father lacked testamentary capacity or was unduly influenced, but we would need to examine the facts surrounding his capacity, the execution of the Will and whether anyone had the ability to unduly influence him. There is the possiblity of arguing your father left it to his wife and, in the process, created a secret trust - meaning, he expected her to hold the property for her benefit and for your benefit and to provide for you all during her life or when she dies, depending on what he said. This is a very fact intensive case and requires good evidence of his intent to create the secret trust. If it was something he said before he executed the Will or just something he said in passing or you heard him say it once, then there may not be a non-frivolous case for asserting a secret trust.  We would need to know more and to analyze the facts more to determine whether such assertion could be made. Absent the ability to assert a secret trust, your father left everything to his Wife and, once the Will is probated, it is hers, absent a will contest or a secret trust. I hope this helps. Sincerely, Kevin Spencer (214) 965-9999 www.spencerlawpc.com 
Answered on Dec 09th, 2016 at 9:22 AM

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