Legal Question in Wills and Trusts in Texas
What form does a couple with an adult child use?
We want to draw up a living trust. I have sole ownership of a home and that property's mineral rights. My husband and I already have a will. Do I change my will so that I ensure our daughter gets this house if I die. My husband also wants her to receive it?
My husbnd and I want to complete a living trust for other reasons, with either he or I being able to sell joint property if the other is incapacated.
Without the issue of the sole ownership of property by one spouse, what kind of Living Trust form do we need?
1 Answer from Attorneys
Re: What form does a couple with an adult child use?
What you are requesting requires a document more than a simple trust. Had you just stopped with leaving the property to your daughter, I would say you would need a QTIP trust, but having your husband retain control in the event of incapacity precludes this. You should really have a consultation with an attorney to discuss the pros and cons of your intentions.
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