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What is a living will?

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C

ConfusedInTex

Guest
I am truly confused about what a living will is. In 1997 my dad died. My step-mother said my father had a living will and left everything to her. I have a copy of the will that was on file at the county courthouse and my brother, sister and I were named in that particular will. It states that we are named as beneficiaries on his group life insurance policies with his employers pursuant to an order of the court in a divorce decree. It then states the date of that decree. It also states that a portion of his provident fund through his employer is encumbered under the divorce decree. It says that all increases in value, shares and assets since the time of the divorce shall go to his wife, my step-mother. Just on a "guesstimate" he was worth about $600,000. We got nothing. A family heirloom that belonged to my grandfather and then my father was to become my brother's possesion. My step-mother has said she will sell it in the event my grandmother has to go into a nursing home (this is my dad's mother). She let it slip that she had to pay $80,000 in taxes two years ago so I imagine she got a small chunk of change from my father.
What will am I reading? Is this a living will or is there something else that would void out the one I am reading?
Thank you for your time.

By the way, we live in Texas.
 


ALawyer

Senior Member
A "Living Will" is something that says whether a person wants extraordinariy medical measures taken, and has NOTHING to do with property.

A Living Trust is often used in part as a Will substitute. Assets in the Trust pass to the beneficiaries named in the Trust, and not by Will.

If there is a decree that says you get something, he can't escape his obligations by hifding it in a Will or Living Trust.

You guys better get legal advice quickly.
 

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