Legal Question in Family Law in Texas

Re: ''children's property protected from stepfather''

Your husband will own a 1/2 interest in any property that you have acquired together (house, car, etc.) as long as it is community property. Your children will own the other 1/2. Any separate property (generally property you came into the marriage with) remains your property and will automatically go to your children upon your death. That said, it will be difficult to prove what was your separate property and get a fair distibution of the community property after you're gone.

I recommend that you see an attorney, have a will drafted with a trust set up for the children, a trustee to oversee the trust, and designate guardians if your husband doesn't want to look after your children after you're deceased.

The will will designate what property property of yours is to go to the trust, how the money is to be distributed to your children and when, and the trustee will supervise the trust to make sure that all of this happens. A trustee can be almost anyone; a trusted friend, an attorney, or in cases of large estates, a bank, etc.

This is the only way to ensure that your wishes are followed.

Good Luck.

Re: ''children's property protected from stepfather''

Mr. Manus gave you good advice - take it. And while you are at it start looking for that deadbeat dad. He likely knows where you are - he owes your children support and he could wind up with the children if you die. There is a rebuttable presumption that biological parents are the best guardians of children.