QUESTION

Which Will is my best option

Asked on Jul 15th, 2016 on Wills and Probate - Texas
More details to this question:
My brother used influence to get my dad to make him beneficiary of all his bank accounts, a TOD account and his life insurance. He was the one who was taking care of my dad. One Will I found his exact words say, " I want everything I have including all bank accounts, pod accounts, life insurance, personal property and land split equally between my two children no matter who the beneficiary is because sometimes in life people can make you do things you don't want to do." The other Will is handwritten and says I am to get 125,000 but it doesn't specify his other assets. Since brother has already taken all the money and property, which one would help me best. There is a little land and oil royalties left.
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1 ANSWER

Kevin Spencer
I am sure the information you have given does not fully convey everything that is going on, so I cannot comment "globally" about the situation.  However, the answer to your most basic question, "which one (Will) would help me best", is impossible to answer without knowing the size of the Estate.  On the surface, assuming the Estate is worth more than $250,000.00, the Will that divided everything in half would be the better one for you.  If the Estate is worth less than $250,000, then the $125,000.00 specific bequest to you is better.  So you can see, the answer depends on the size of the Estate. You have also described non-probate assets, i.e., the POD accounts, life insurance, etc.  These (non-probate) assets are not governed by any Will, but rather, are governed by the contracts or agreements that created the interest.  In other words, whomever is named as the beneficiary of each of those, i.e., the designated beneficiary, is the one who takes those assets regardless of the language in the Will.   I will tell you that you should not just let the money your brother took go.  You are entitled to fight to establish your interest in the Estate and you also entitled to fight to get property that belonged to the Estate or that should be in the Estate back.  You have to decide to file suit against your brother to do all of the latter, so it is a decision you need to make.  We can potentially help you with the situation, depending on the size of the Estate and its location.  What county did your father reside in when he died? If you have any questions, please e-maill me at kevin@spencerlawpc.com or call my office and talk to me or any of my associates at (214) 965-9999. We wish you the best of luck. Sincerely, Kevin Spencer www.spencerlawpc.com
Answered on Jul 16th, 2016 at 7:31 AM

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