Legal Question in Wills and Trusts in Texas
Community property
My husband has left everything in his will to his son. He has several brokerage accounts and he says that because Texas is a community property state, I will receive half of his accounts upon his death. These accounts were in existence before our marriage, however, he has added funds, moved funds around, cashed out some funds etc. Will I be automatically entitled to half the funds, or will this have to go through a complicated legal process where it is determined what was there before our marriage and I may end up with less than half? He says he does not want to name me in the will because if he does I will be entitled to whatever he leaves me plus half of the remaining?
2 Answers from Attorneys
Re: Community property
Texas is a community property state and all property acquired during marriage is presumed to be community property. You and your spouse each own an undivided 1/2 interest in the community property. Upon your spouse's death, you would continue to own your interest in the community property but you would not acquire any of your spouse's community property interest. You would receive a life estate in your community property homestead.
Re: Community property
The accounts will go to the beneficiary your husband has designated, without regard to either the will or whether community property or not.
You and your husband had best sit down with a lawyer that's familiar with estate planning and probate, and get matters sorted out as to what your husband wishes to do. If you're not a named beneficiary, and not the devisee of your husband's will, you'll have your undivided one half of whatever is left.
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