Legal Question in Wills and Trusts in Texas

I am preparing my will in which I am leaving everything to my daughter. If she dies before me, I would like like everything to go to her husband my son-in-law. If they both precede me in death, I want to leave everything to my 4 grandchildren equally. Now, I would like to allow my daughter and/or her husband to have the freedom to sell some or all of the property if they need to, and if there is any part left when they are both dead, for them to leave what is left to my surviving 4 grandchildren equally. I can see where this may not be possible, or might make the will more complicated than it really needs to be. I trust my daughter and son-in-law to pass the property on as I wish, so I guess my question is: Is the best way to handle the wish for my grandchildren to get the property when myself, my daughter, and my son-in-law are all deceased, to trust my daughter and son-in-law to write their own wills making my grandchildren their heirs? I live in Texas, my zip code is 77356, and my email address . Thank you.


Asked on 4/28/12, 4:12 pm

1 Answer from Attorneys
David Leon David L. Leon, P.C.

What you can do is make a will with a trust in which they have a general power of appointment, plus they can take out what they want. When the die the remainder (if any) would go to the grandchildren. If your estate isn't large, this may be overkill.

It's inexpensive to have a lawyer do a will for you. Do not, under any circumstances, do it yourself. I see many homemade wills. They rarely work out well.

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Answered on 4/28/12, 5:13 pm


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