Legal Question in Wills and Trusts in Texas
community property?
Just need some clarification-- My father recently remarried & does not have a will. If he were to die would his new wife get everything he has? How would having a will change what my sister & I would be entitled to. Some one mentioned to me that she is already entitled to half and half of his share and that my sister and I would have to sue her to get half of his half.. is this true? When I spoke to my father about this he states that he does want to leave her with something but wants the majority of his assets to go to us. How does he arrange this so that this is the case?
Thank you.
2 Answers from Attorneys
Re: community property?
Your stepmother has an undivided 1/2 community property interest in any property acquired or commingled during the marriage. That is hers subject to the community property criteria. As to your father's community property interest, without a will, she would receive a 1/2 interest in any real property and a 2/3 interest in any personal property. If your father wants to control the disposition of this portion of the property and any separate property, he needs a will.
Re: community property?
Moreover, without a will she would have a life estate in your father's real estate if he owned it before re-marriage.
He definitely needs a will to do what he wants to do.
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