Legal Question in Wills and Trusts in Texas
My husband has a daughter from a previous marriage what happens when my husband
We do not have a will. My husband has a 40 yr old daughter from a previous marriage. My husband and I have 6 kids together and have purchased apartment complexes during our marriage. What will happen if my husband or if I pass away? What will happen when both of us pass away? Does his Daughter get the majority of the properties or is it evenly divided? Who will get to make the finacial decissions if there is no will.
Thanks for you help.
2 Answers from Attorneys
Re: My husband has a daughter from a previous marriage what happens when my husb
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Re: My husband has a daughter from a previous marriage what happens when my husb
Get a will. Now. The short answer is that if either you or your spouse die without a will then you will make a probate attorney quite a bit of money, and cause quite a few of problems for the surviving family members. You should probably also consider some business succession planning, in order to control the apartment properties in the event of a death in the family. Additionally, you also may have some estate tax liability if you do not have a will.
Although I can't fully answer your question in this forum, the surviving spouse will get a share of the property (depending on the type of property real / personal & community / separate) and the children will also get a share (again depending on the type of property real / personal & community / separate).
Again, I *strongly* recommend you and your spouse contact an estate planning attorney soon to determine your objectives and set up an effective will for you and your spouse. If you don't already have an attorney to speak with, you can call me at 214.368.7040.