Legal Question in Wills and Trusts in Texas
Bank accounts
If a will states that property (bank accounts and stock) be divided 3 ways, does this include community property? Heirs are second wife, daughter and grandson.
2 Answers from Attorneys
Re: Bank accounts
It is impossible to answer your question on the information provided. New Hampshire is not a community property state. Bank and investments accounts established with the designation "joint tenants with rights of survivorship" generally pass outside the provisions of the will.
I don't know if, in your case, the law of Texas or New Hampshire applies. That would be the first question to address. If it is Texas, then you need to consult with a Texas attorney.
Re: Bank accounts
The will disposes of the deceased's property. If he was married, he only has a 1/2 community property interest. The surviving spouse has a 1/2 community property interest that is not affected by the will.
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