Legal Question in Wills and Trusts in Texas
My Aunt recently remarried a man that has a great deal of man. He doesn't think they need a Will as their marriage should be enough. His two sons are older and his previous wife has remarried.
Will or no will Aunt KK is ok k?
2 Answers from Attorneys
If he your new Uncle dies with no will, your Aunt would get 1/2 of the community estate (property acquired during the marriage). The other half is divided among the children
Property acquired outside of the marriage depends upon the kind of property. The general rule is that the surviing spouse gets 1/3 and the children get the rest.
With real estate the wife gets a life estate in the real property. Upon her death all of the property goes to the children.
Whenever there are children outside of the marriage, a will or trust needs to be in place. They should each consult an attorney to protect their respective interests.
Related Questions & Answers
-
Can an unsigned will become legal if all family members agree? Asked 1/21/10, 2:40 pm in United States Texas Probate, Trusts, Wills & Estates
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
