Your Texas Living Trust estate plan is a key piece in making sure your objectives are carried out after you are no longer able to carry them out yourself. If it is drafted well and is pro-active in avoiding foreseeable problems then you increase the odds of your goals being achieved. If it is not drafted well and leaves the hard decisions to be sorted out later by a judge when a dispute arises, then the odds of achieving your goals are a lot less certain.

Let’s take a look at a common example in many families. Perhaps your son or daughter lives with you for any number of reasons that could range from financial difficulty to providing caregiving services. If something happened to you, would you want your other child who does not live with you to forcibly evict your child that has lived with you for any number of years? Probably not, but if you don’t provide sufficient enforceable instructions in your Texas Living Trust estate plan then that may be where your family is headed.

If you think these kinds of situations never happen or won’t happen to you, you are not alone. However, just because you are not alone does not make you right. In a recent case Ms. Farris probably thought her daughter would never throw her son out of her house, but she was wrong and her son paid a price she might have never wanted him to pay. Let’s take a look at what happened.

Ms. Farris died and left a Will that divided her property between her son and daughter. That is pretty common and your Will might even have a similar provision. Part of the Estate was the house Ms. Farris lived in with her son. Ms. Farris’ daughter became Executor of her mother’s Estate and wanted to sell the house her brother was living in. For unknown reasons her brother did not voluntarily leave the house. Perhaps he had nowhere to go or just needed some more time to find a new living arrangement, we don’t know. His sister filed a forcible entry and detainer lawsuit to evict him from the house so that it could be sold.

Ms. Farris could have avoided having her daughter evict her son with the right provisions in her estate plan. And anybody who has a child living with them should be aware that the other children might take legal action against that child in pursuit of money. Nobody thinks it will happen to them until it does, but when it does in cases like these you won’t be around to fix it and the only protection your child has is what is legally enforceable in your Trust or Will. Speak to your Texas Living Trust Lawyer today and make sure your estate plan achieves your goals.

Posted in: Ancillary Documents, Revocable Living Trust | Tagged , ,