Medina, TX asked in Estate Planning for Texas

Q: Can I will 100% of my 50% to my daughter?

My brother and I are Co Executors as well as being the only two equal beneficiaries of our mothers estate. Basically, We each own 50% of the estate. I am wanting to know if I can will my 50% to my daughter?

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2 Lawyer Answers

Terry Lynn Garrett

  • Estate Planning Lawyer
  • Austin, TX
  • Licensed in Texas

A: After your mother's estate has been probated and you have received your inheritance, you can will it to whomever you want. During the probate process you can disclaim your inheritance: it will pass to your child or children. Before your mother's will is submitted for probate (proving), you can, in your own will, state that whatever you inherit from your mother you will to your daughter. However, this will only be effective if your mother predeceases you.

Tammy Lyn Wincott agrees with this answer

Tammy Lyn Wincott

  • Estate Planning Lawyer
  • San Antonio, TX
  • Licensed in Texas

A: You may will anything you want to your daughter, what counts is what is "actually" part of your estate when you die, for example, if you now own a red F-150 and you leave it to your daughter but later sell it, then it isn't part of your estate when you die. The same goes if you buy a house later (or inherit property) and your will states you leave X amount to your daughter including "real" and personal property - whatever property you actually have rights to at the time of your death will transfer to your daughter; however, your will must actually be probated in Court to accomplish this.

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