Legal Question in Wills and Trusts in Texas

After my death, will my wife inherit all the communal property? Is there a way I can leave my portion of the property to my parents on my death if we are not divorced?


Asked on 4/11/13, 3:11 pm

1 Answer from Attorneys

Robert Perez Perez Law Office, PLLC

It depends on how the title to the community property in question is held. If you hold title as joint owners with right of survivorship (joint tenancy), then upon the death of either spouse, the surviving spouse automatically receives full ownership of the property.

Otherwise, if you have a valid will, you are free to leave any separate property you have, and your share of the community property, to your parents or anyone else you choose.

However, there is one important exception in Texas. In the case of your homestead property, your wife would be entitled to a "life estate" - which gives her ownership of the homestead for the rest of her life. (This would be true even if the homestead was your separate property!) Upon her death, the property would go to the beneficiary you designate in your will.

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Answered on 4/11/13, 3:44 pm


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