Legal Question on Inheritance

GoAgs92

Joined: Sep 19, 2000

Posts: 15,334

User Profile Ignore User Stop Ignoring

How long do you want to ignore this user?

24 hours One week Permanently Cancel

11:01a, 8/18/26

AG

Wife is getting an inheritance which is in probate, she is also having surgery soon, does she need a new will that addresses that inheritance specifically or will the old standard "my spouse gets everything" If I kick the bucket do the trick.

GeorgiAg

Joined: Mar 13, 2000

Posts: 36,462

User Profile

Private Message

Ignore User Stop Ignoring

How long do you want to ignore this user?

24 hours One week Permanently Cancel

11:16a, 8/18/26

AG

Nobody can tell you this with any confidence without reading the actual will. Who drafted the old one? Go ask him/her.

Also what is she inheriting? Some assets have beneficiaries you can assign with allows them to pass outside of probate.

Also, the inheritance is "in probate" meaning she has not received it yet? I presume you are asking this concerning her upcoming surgery. If something were to happen, that may not be part of her "estate." You would also need to have someone review the other person's will/probate process, etc...

I also presume you are in Texas. I am a Georgia lawyer. State's laws are similar but may have different nuances. You need a lawyer familiar with the laws of the State you are in. The other probate may be in a different state too - this could be a very complex legal question, and I don't think I'd want to rely on a comment you get on what is basically a college football website.

8

3 edits

permabull

Joined: Jan 2, 2003

Posts: 14,456

User Profile Ignore User Stop Ignoring

How long do you want to ignore this user?

24 hours One week Permanently Cancel

5:49p, 8/18/26

AG

Until she gets it, her will wont have any impact on the inheritance. If the deceased's will gives it to your wife per stirpes then if something happens to your wife it would go to her kids. If it doesn't say that then if she passes before distribution it goes to whoever is next in line or split among the other beneficiaries based on what the deceased's will says. Unless the deceased's will says it goes to you in lieu of her it's unlikely to pass to you in the situation you described.

mosdefn14

Joined: Nov 5, 2006

Posts: 2,886

User Profile Ignore User Stop Ignoring

How long do you want to ignore this user?

24 hours One week Permanently Cancel

8:26p, 8/18/26

AG

Page 1

For when this thread is entered as evidence in an upcoming trial.

4

91AggieLawyer

Joined: Sep 30, 2002

Posts: 23,869

User Profile Ignore User Stop Ignoring

How long do you want to ignore this user?

24 hours One week Permanently Cancel

12:29a, 8/19/26

AG

For an overview, you can read the Texas Estates Code (or whatever they're calling it this week) for an overview of intestate (dying without a will) distribution for SEPARATE property of a spouse. Then, you need to find out what the will she is an heir to says regarding survivability. She may be cut out entirely if she doesn't survive the decedent by a set number of days, but if the will is already in probate, it is unlikely for that to be an issue. Finally, if she has a will, read that, or if she wants one, or wants a new one, the attorney you hire to draft it (or advise on the current one) should be able to clear all this up.

OldArmyCT

Joined: Apr 1, 2007

Posts: 1,515

User Profile

Private Message

Ignore User Stop Ignoring

How long do you want to ignore this user?

24 hours One week Permanently Cancel

5:11a, 8/19/26

AG

My wife died, a year later I'm shacked up with a divorced girl. She had inherited about $1mm from her dad, put it in joint name while married. She hired the better lawyer when the divorce began and got all of that $1mm back in her name only. That's hard to do. Generally when assets are co-mingled they become joint forever. So my point is ask a board certified estate attorney how to title inherited accounts. The will may specify who the beneficiary has to be. You can put beneficiaries on any account but inherited monies often get the bank/brokerage legal departments involved.

GeorgiAg

Joined: Mar 13, 2000

Posts: 36,462

User Profile

Private Message

Ignore User Stop Ignoring

How long do you want to ignore this user?

24 hours One week Permanently Cancel

In reply to mosdefn14 • 6:11a, 8/19/26

AG

mosdefn14 said:
Page 1

For when this thread is entered as evidence in an upcoming trial.

Your honor, the defense would like to tender the post from user Harry Balz into evidence!

4