Texas conflicting advice from 2 lawyers over estate and will

Apologies I am no expert in this field and the situation is too complex for me to understand. Some of these terms were explained to me either from my parents or the lawyers. There are multiple trusts. I get them mixed up. it’s overwhelming to me and my parents. I will try to clarify the best way that I can.

No rent is being charged. I believe you are correct my dad has homestead rights. Lawyer A said my dad is allowed to live in the main house for his entire life. Same with my mom if my dad passes.

The joint trust terms says after the first spouse dies to create a new trust that is tied the first spouse’s will. Her share of the community property is put into an estate in her name. The new trust terms are defined in her will.

New trust terms say the siblings are beneficiaries to clothes and jewelry. My dad is the beneficiary of most of the household items and the cars. If my dad does not survive the first spouse, then the siblings are the beneficiaries of his late wife’s estate. The executor and trustee are allowed to change the terms that is reasonable and in accordance to Texas law.

My dad is the executor of his first spouse’s will and estate. He is also a trustee of the new trust. Lawyer A helped set this up a long time ago so my dad has been following his instructions.

My dad is under the assumption he has to give half of the estate to his late wife’s siblings after he passes. And he can’t use withdraw more than 5% from the estate to use for his medical expenses. Lawyer B disagrees with Lawyer A over these two items.

/r/EstatePlanning Thread Parent