QUESTION

What happens to my daughter's inheritance when she is just shy of 18?

Asked on Sep 07th, 2020 on Wills and Probate - Texas
More details to this question:
My daughter will be 18 in 10 weeks. She is the only beneficiary of her father's estate who just passed one day ago. Her uncle (father's brother) is named executor of the estate. Before even informing his daughter of his death he had already contacted an attorney and plans on selling her father's home and contents which is his only asset and putting said liquidated assets into a trust. She does not want to sell the home. What does she do? Please help.
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1 ANSWER

Wills Attorney serving Austin, TX
2 Awards
The Will itself may state that any gift to a beneficiary under 18 shall be held in trust until she reaches a certain age.  Check the county probate records for a copy of the Will. If not, since a minor cannot inherit, the inheritance must be paid into a Uniform Trust for Minors Act bank account (for amounts under $35,000), into the court registry (for amounts up to $100,000) or into a court-created trust (for amounts over $100,000). Spouses and family members can ask for a home and contents to be set aside in a dependent administration.  Talk with a probate lawyer who practices in the county in which your daughter's father lived and died to see whether this is a possibility. If not, while you do not give dates, it is (barely) possible that your daughter was 17 when her father died but will be 18 when the estate is admitted to probate and distributions can be made AND that the house does not need to be sold to pay for the expenses of her father's last illness and funeral and the cost of administering his estate.  If so, hire a probate lawyer who practices in the county in which her father lived and died to create a Family Settlement Agreement and/or file a Motion with the court permitting her to inherit the house.    
Answered on Sep 08th, 2020 at 7:19 AM

This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.

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