Cedar Creek, TX asked in Estate Planning for Texas

Q: Revocable Living Trust, one spouse dies, question.

Will the child of the deceased parent be entitled to any proceeds from the sale of the house. The property is in wife and husband's name. Should I contact a lawyer? Thank you.

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1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
  • Estate Planning Lawyer
  • Crossville, TN

A: There is absolutely no way of knowing what the plan of distribution is under a trust without reviewing the trust instrument itself. But if the house is in the names of the two individuals as husband and wife, then that means it is not in the trust and so the terms of the trust do not matter. In that case, it matters exactly how title was held. Tenants in common? Community property? Joint tenants with right of survivorship? These facts matter, and the only way to know for certain is to review the deed and also the decedent's will.

Teri A. Walter agrees with this answer

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