Legal Question in Wills and Trusts in Texas

My mom and step father purchased a home. My mom's will states if she pre-deceases him, 1/5 is his and the other 4/5 goes to her 4 children. This is in the community state of Texas. Will the Will overright the community state issue where 1/2 is her and 1/2 is his? The house was purchased with funds from a previous home that was in my mom's name only.


Asked on 10/04/12, 12:17 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

When you make a will, you can only give away what's yours. I can will my "community half" of property any way I want to; what I CAN'T do is give away something that belongs to my wife.

But from what you're telling us, the house may not be community property. We would need more information to reach a conclusion about that.

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Answered on 10/05/12, 12:08 pm


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