Texas – Irrevokable Trust Will

UPDATED: May 13, 2009

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Texas – Irrevokable Trust Will

My mother just passed away and left a Will that has an “Irrevokable Trust” leaving everything to my siblings (which is substantial) and nothing to me! It was written many years ago by my step-father who disliked me. After he died, my mother did not change the Will and even re-signed it recently because she was very ill. Is there any way I can contest this or am I screwed?

Asked on May 13, 2009 under Estate Planning, Texas


J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

A will speaks at the time of death.  Thus, the will in place at the time of your mother's death will control unfortunately.  Why would you mom resign the will?  a will is signed once and generally does nto need to be re-signed to confirm it.  Was there an amendment done?  You need to get a copy of the will.  The probate court where she lives may have a copy on file if an estate was opened.  Look to see what the will says and see a lawyer if you are not sure if ther was a an amendment.  If there was an amendment and she was ill at the time she executed it, you may be able to claim that she was unduly influenced by your step father.  I need to know more facts about the circumstances when she executed the will- how was she mentally, did she know what she was going; did anyone exercise undue influence over her?

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