Legal Question in Wills and Trusts in Texas
My father left a will where he divided all of his property between me, my mother and my sister. If my mother remarries, can my sister and I fight for our 2/3 ownership in the property so that if my mother dies all of our property wouldn't go to her new husband?
1 Answer from Attorneys
Your mother gets to decide (if she has a Will as well) where HER property goes, not yours.
Your father's Will disposes of his 1/2 of the community property he shared with your mother, as well as 100% of his separate property. What your mother does from this point forward does not change that. If, as you indicate, your father left his estate in equal thirds among you, the 2/3 of that property that you and your sister receive is yours. During her life, or at her death, your mother can only transfer the property she owns as well as whatever she received under your father's Will.
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