Legal Question in Family Law in Texas

Should my husband and I get a will?

My husband has a 15-year-old son, who is mentally retarded. In the new divorce decree, it states that in the event of my husband's death that his estate is to pay his ex-wife $1200 a month for an indefinite amount of time.

My husband and I have no will at this time. In the event of my husband's death, would the ex-wife be entitled to receive $1200 a month from me forever? Could she also be entitled to receive any property or money that my husband and I have accumulated over the years of our marriage?

Thank you.


Asked on 2/28/05, 2:51 pm

1 Answer from Attorneys

Eliseo Rico III The Law Office of Rico & Associates

Re: Should my husband and I get a will?

I believe that every person should have a will prepared. Even if you don't have a whole lote of assets its important to have will prepared to avoid any misunderstandings that may arise later between family members. Also, if you have children its always a good idea to have a will as you can appoint a guardian for the children should both of you die at the same time.

With regard to your question, the obligation to support the child is an obligation of your husband and his estate. For more specific information you really need to consult with an attorney who can examine the specific issues with you and your husband.

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Answered on 2/28/05, 6:50 pm


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