Weir, TX Estate Planning Law Firms & Lawyers

Technically he could, but legally he should only do what the brother wants and is in the brother's best interest. If your husband is the only one to benefit from the transaction he may be violating civil and criminal laws.

Once a Will has been submitted for probate, it becomes a public document and can be read by anyone on the website of or requested from the local probate clerk.  You may think that your mother had no reason to leave things to someone who took care of her when you did not but she may have thought differently.  Since someone can make a Will in a "lucid moment" and a Will must be notarized with two witnesses, it would be very difficult to prove that she did not make the Will of her own accord, whatever her general condition.  In addition, undue influence must be so great as to overpower a person's normal wishes and desires.  While it is easy to imagine that someone was influenced by the care they received in their dying days, it is not so easy to imagine that a Will gifting the person who provided that care was obtained through undue influence.

The signer of a will can only bequeath property that is owned by her at the time of death. They cannot transfer property of another. With that being said, there could be some contractual situations that arise, but that does not appear to be what you are describing.