Leander, TX Estate Planning Law Firms & Lawyers

A spouse cannot be disinherited, so if the trust tries to disinherit the spouse that spouse can claim the "spousal elective share" which is 1/3 of the "augmented estate." A lawyer who practices in this area can help you determine what every heirs true rights are.

Yes, probate the estate and let the personal representative do it. As a matter of fact, I am not sure how the heirs can transfer title if they don't have it. If title has been transferred to the 6 of you, about all you can do is sue for apportionment and the court will probably order the sale of the property

A will is only effective after the death of the creator (testator). A will requires opening a probate and appointing an executor to execute the terms of the will under the supervision of a court. There are extra expenses with a will resulting from opening a probate. An advantage of probate is that it cuts off claims against the estate at 6 months after opening the probate. A living (grantor) trust goes into effect while the creator (grantor) is alive. Assets are placed into the trust when created and can be dealt with by the grantor while alive. The living trust is fully amendable and revocable by the grantor. Successor trustees are named and thus upon the death or incapacity of the grantor the named successor trustee is able to act and deal with the trust estate without having to go to court. A successor trustee's ability to step in for the grantor could help avoid the necessity of a guardianship in the event of a loss of capacity. Creation and amendment of a living trust is not as formal as creation of or changing a will.