Legal Question in Wills and Trusts in Texas

I have been dating someone for 3 years. He had been seperated from his wife for 6 years and the divorce was finally final in Oct 2011. We now plan to get married. His wife had a daughter when they got married which he adopted. His divorce lawyer told him that if anything happened to him, his adopted daughter would get first rights of all of his things even over his natural children. He also has 3 sons that are his natural children. I understand that they all should be taken care of. My question is: If we get married and soemthing happens to him, will his adopted daughter have first rights to our community property? Keeping in mind that this is now an adult daughter. I also have 3 children, one of which is an adult.

When we get married, he will be moving into my house. If something does happen to him, will his kids get half of my house?


Asked on 10/26/11, 1:28 pm

2 Answers from Attorneys
Arthur Geffen Arthur H. Geffen, P.C.

Once you get married and you and your husband take the time to write and execute new wills, anything that you agree to will be enforceable, unless a divorce decree obligates him or his estate for certain obligations. You should take that decree to an estate planning lawyer for review when you hire one to take care of these things. If you do not write a will, then Texas Intestate Laws apply, in orther words, Texas writes the will for you. As a second spouse, with your husband having children from prior marriages and adoptions, that is something that you do not want to happen. Before you say "I do" I would suggest you meet with a lawyer to get this resolved.

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Answered on 10/26/11, 1:35 pm
Bob Leonard Bob Leonard Law Group, PLLC

If he dies WITHOUT a will, then his children are entitled to half of the community property and even more of the separate property. Your house will be your separate property and not available to his estate. If you or he pay for the house mortgage during the marriage, then you could owe the community estate a reimbursement for the principle paid.

If he wants to leave something to you, he needs to do so in a will.

In Texas, adopted children are the same as biological children and inherit the same way. Also, Texas has no forces inheritance law (with one minor exception) and he can leave everything or nothing to the kids, if he wants to and has a valid will.

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Answered on 10/26/11, 2:31 pm


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