Legal Question in Wills and Trusts in Texas
1/2 Interest Of Spouses Willed to Each Other
My mother and stepfather owned a home together. My mother recently passed and in her will she willed 1/2 of their property to my stepfather and, supposedly, in his will, he willed his 1/2 of their property to her. She willed us some property and any remnants of her property to us, her children. When he passes, does the 1/2 property he willed to my mother in his will default to her offspring? My mother specifically told us that she did not want all of their property to go to my stepfather's family, should she precede him in death. I don't think she really understood the legal terminology and certainly would not have given him her 1/2 if she thought he would will everything to his family and not her offspring. If this is the case, can the will be contested?
2 Answers from Attorneys
Re: 1/2 Interest Of Spouses Willed to Each Other
No. Whatever your mother willed to you step-father became his when your mother died. He can do with it as he wishes, and it's perfectly legal.
Re: 1/2 Interest Of Spouses Willed to Each Other
No. Your stepfather can change his will at any time prior to his death. Assuming he properly probates your mother's will within 4 years from the date of her death, the property she devised to him will become entirely his to do with as he wishes. If he does not change his will and his will is probated after his death, your mother's heirs would inherit the property he left to her. In hindsight, a properly drawn trust would have accomplished your mother's goals without danger of losing the property altogether to the whims of a surviving spouse.
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