Legal Question in Wills and Trusts in Texas

my husband died a few weeks ago and he has an 11 year old son by a previous marriage . He did not have a will but he did have myself , his sister , and his mother as benificiaries over his insurance. His retirement was coming to me but We decided to set it up as a trust fund for his son for when he turnes 21 . His home is suppose to be legally 2/3 his son and 1/3 mine . His son's mother is trying to get everything that he owned for his son . Does she have the right to do anything ?


Asked on 8/17/10, 7:46 am

3 Answers from Attorneys

Donald McLeaish McLeaish&Associates;, P.C.

His mother is his natural guardian and as such has the responsibility to raise him..etc..and if your husband and you set up a trust..that should be administered according to its terms and as to the home..you have a life estate so the house cannot be sold by force.....but she has a right to do something..depending on how all has been arranged

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Answered on 8/22/10, 8:25 am

If you're setting up a trust fund for the son with money he left to you (i.e. your own money), then you should talk to the mother and work out an arrangement. If you're acting in the child's best interest, she will hopefully reciprocate and treat you fairly. You can use this opportunity to set up a healthy relationship with her and the child (if that's what you want, I'm not real clear from your posting.) As has been noted, you have a life estate in the house, so you have the right to occupy as long as you like.

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Answered on 8/22/10, 9:12 am
Cheryl Rivera Smith The Smith Law Firm

As a widow you should have a life estate in his portion of his house. Please contact an attorney so that all interests can be allocated to prevent confusion, expense, and ill will among the parties.

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Answered on 8/24/10, 9:37 am


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