A person's will dictates how personal possessions and assets are to be distributed, and no surviving family member can say otherwise.

Q: Two of my brothers lived in the same home for many years. One of them died recently and left a will directing certain personal items be given to other family members. The home is titled in the living brother's name. When my sister (the executor named in his will) came by to pick up those items, my brother objected and said: "Judge Judy says everything in the house now belongs to me, so you can't take it." Is this right? These are not very expensive items, just a coin collection, some plates and other collectibles. I'm pretty sure my brother doesn't even want these things.

A: Your brother is incorrect. The personal items mentioned in the will, all of which presumably were owned entirely by the brother who died, should be given to the family members specified in the will. Those items do not automatically pass to the surviving brother.

ESTATE DEBATE: My sister took our late mother's savings, what can I do?

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When a person dies and leaves a will, the will dictates how that person's personal possessions and assets are to be distributed, and no surviving family member can say otherwise. Once appointed by a court, your sister who was named as executor would have the legal authority to collect and distribute the specified items according to the will's instructions.

Normally, there would be no need to go to court and spend the money on probate simply to distribute personal items. But given your brother's position, your sister may have no other option.

Q: In a situation where both husband and wife have children from a prior marriage, how can the husband name his wife as the primary beneficiary of his IRA and allow distributions to go to her after he dies for as long as she lives, and then upon her death have the remaining amount in the IRA pass to his children? It is my understanding that this cannot be done by simple beneficiary designations because once the IRA is inherited, the new owner can choose new beneficiaries.

A: The way to make that happen is by making the IRA payable to a specially drafted trust that would typically be created in the husband's will or revocable trust.

A trust like that would not make sense for a smaller IRA because of the fees and other complications of setting up a trust. But if the husband has a large IRA (for instance, half a million dollars or more), the cost of creating and administering this type of trust can work.

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Q: My nephew is in a Brazos County jail because the family court judge declared him in contempt of court for not paying spousal support. He has no money. Where can he find a pro bono attorney in Brazos County?

A: He can try Lone Star Legal Aid. The phone number is 979-775-5050.

They accept online applications at their website: lonestarlegal.org.

The information in this column is intended to provide a general understanding of the law, not legal advice. Ronald Lipman of the Houston law firm Lipman & Associates is board-certified in estate planning and probate law by the Texas Board of Legal Specialization. Email questions to: stateyourcase@lipmanpc.com.

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QOSHE - My brother won't honor terms of our late sibling's will, what can I do? - Ronald Lipman
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My brother won't honor terms of our late sibling's will, what can I do?

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16.04.2024

A person's will dictates how personal possessions and assets are to be distributed, and no surviving family member can say otherwise.

Q: Two of my brothers lived in the same home for many years. One of them died recently and left a will directing certain personal items be given to other family members. The home is titled in the living brother's name. When my sister (the executor named in his will) came by to pick up those items, my brother objected and said: "Judge Judy says everything in the house now belongs to me, so you can't take it." Is this right? These are not very expensive items, just a coin collection, some plates and other collectibles. I'm pretty sure my brother doesn't even want these things.

A: Your brother is incorrect. The personal items mentioned in the will, all of which presumably were owned entirely by the brother........

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