Satisfaction of Legacies in Texas

The process of drawing up a will and determining how certain gifts are to be distributed can be confusing in certain instances. Different jurisdictions interpret different actions in varying ways, which can lead to some major changes in the inheritance process. One issue that occasionally comes up is whether or not a gift made after a will is created can count towards inheritance or not.

Putting together a clear and legally sound testament can be an important way to prepare your family for the future today. Contact the Houston wills and trusts attorneys of Garg & Associates, P.C., by calling 281-362-2865 for free legal advice from a skilled and experienced lawyer.

Gift Not as Inheritance

There are multiple versions of gift laws, and the principle of satisfaction of legacies is no exception to that generality. In particular, there is a split over whether a gift from a testator to a beneficiary works towards the testament’s inheritance amount or not. Accordingly, the following interpretations exist:

  • Common law reasoning that counts these gifts against inheritance
  • State statutes that maintain that gifts are separate from legacies
  • State statutes that separate legacies from gifts, but retain advancement

In the state of Texas, both advancement and the satisfaction of legacies can exist, but not in the common law sense. Both of these principles, which determine how a gift is treated after a will is created, may only reduce a person’s legacy if that gift indicated as such in writing. Without proof, a gift given by a testator cannot count against that person’s inheritance.

Contact Us

Formulating a will and creating a document that can divide your estate according to your wishes can be a difficult process without the proper legal assistance. For with any aspect of estate planning, contact the Houston wills and trusts lawyers of Garg & Associates, P.C., at 281-362-2865 today.

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Garg & Associates, PC | 21 Waterway Avenue, Suite 300 | The Woodlands, Texas 77380 Please call 281-362-2865 | Fax: 866-743-4506
Serving The Woodlands, Spring, Houston, Conroe, Kingwood, Tomball, Cypress, Huntsville, Cleveland, Stafford, Montgomery County, Harris County, West Oaks, Memorial, Sugar
Land, River Oaks, Alief, Stafford, Missouri City, and Southwest Houston Texas.