Legal Question in Family Law in Texas
If something was to happen to me can I will visitation to my 18 year old daughter. I understand that if something should happen that my sons father would gain custody. What I'm wondering is if I can put it in my will for my daughter at 18 could take over the visitation his dad gets now. Meaning, can she take over 1st 3rd and 5th weekends and alternating holidays. I have 3 other daughters with my first husband and I know my oldest would take her brother for visits and take him to see their sisters as well. My sons father says he would not allow her to take visitation rights. If I place it in my will and have the money out aside for her to obtain a lawyer, would she be granted visitation rights? Again this is only if something was to happen to me. Your help and/or advice is appreciated.
1 Answer from Attorneys
A will allocates property upon death. Visitation is an an option that the court granted you. Upon your death you would no longer have the ability to visit your child so that option would terminate.
While you can't devise visitation in a will, you can set up a gift that he won't receive if he does not do what you want.
An option might be to set up a deferred gift of something really want that would take effect if you died before youngest son became 18 and would be disbursed to him after your youngest son became 18, and if he allowed your daughter the visitation you want.
One way to do this would be to set up a trust funded with a life insurance policy. He would receive the proceeds only if he did what you wanted. See an attorney to help you work out the details.
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