Legal Question in Wills and Trusts in Texas

In order to be of any effect, a Last Will and Testament must be offered and admitted to probate. Until then, words on paper are simply that. However, once admitted to probate, the parent's Will controls the disposition of 50% of their community property and 100% of their separate property. No property right contrary to this disposition is granted to the resident child simply by virtue of their residence.

While it may be wise to prepare for the likelihood of some dispute regarding this issue, the best course of action would be to secure the parent's Will and have it ready for submission to the appropriate court at the appropriate time.

If the child residing in the house is residing with the parent, then it's likely that will has been "changed" since the last time you read it. If the parent is worried about one child freeloading, then the parent will need to change the will while s/he still can. Order the house and contents all sold, and the profits split. Also, the parent should be sure to place the ORIGINAL will in a safe place where the children won't destroy it in an effort to thwart their wishes.

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