Legal Question in Wills and Trusts in Texas

Community property statement written in wills.

My Texas will says that I leave all my property to my spouse and 2 sons - to share & share alike.

I have been married to the same spouse & lived in Texas my whole life. Everything we own is co-mingled & is community property. Does it have to be recited in the will that all I own is only 1/2 of the total community property? Or is this implied outside the will?

Again, am I giving each son 1/3 of my community 1/2? That is my intent. Also, does it matter what instructions the insurance policies have about the distribution of the insurance funds?

I would ask the lawyer that did this will for me, but he is now deceased.


Asked on 2/23/06, 10:58 am

1 Answer from Attorneys
James Grissom Law Office of James P. Grissom

Re: Community property statement written in wills.

"Your" property is determined by law. "Your" property is an undivided community property interest in the real property and whatever personal property you my own. Your spouse gets a 2/3 share of the personal property and your children split a 1/3 interest. Any insurance proceeds are outside the will and pass to the named beneficiary. Get a lawyer to check your will to make sure that you don't need any changes. It's cheap insurance to make sure things happen the way you want them to.

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Answered on 2/23/06, 12:33 pm


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