Campbell, TX asked in Estate Planning and Legal Malpractice for Texas

Q: Will gives land to X in conflict w/irrevoc. trust signed same day to avoid estate tax leaves out X's heirs b/c GSTT.

Virginia Mother's 12/31/1998 Will leaves daughterX Texas land. Siblings Y & Z receive separate equivalent value bequests. On same date, lawyer presents for Mom's signature an irrevocable trust that removes Texas land from her estate to avoid estate tax exposure. Also, to avoid GSTT after X's death, Trust would then give Texas land to Y&Z instead of X's children, who would be entitled to inherit under provisions of Mom's Will. Lawyer's contradictory documents have created horrible situation for X & her children b/c Texas land is their home & sustenance as a working farm. Y&Z have homes & land in other states, have not visited Texas in decades, have more personal wealth than X & family. Without Texas land, X's family has nothing. Settlor is deceased, lawyer is long retired. What possible solution to the conflict between documents? Trustee feels must honor fiduciary duty to trust. What can X do to reclaim her childrens' right to inherit the land on which they make living

1 Lawyer Answer
Robert W. Leonard Jr.
Robert W. Leonard Jr.
  • Estate Planning Lawyer
  • Fort Worth, TX
  • Licensed in Texas

A: You are looking at significant litigation if the parties are not in agreement. In order to advise you, your attorney will have to review all of the documents. Time is of the essence; contact a local probate attorney right away.

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