Legal Question in Wills and Trusts in Texas

My husbands children what will happen when he dies?

I have been married for seven years. My husband has two children from a previous marriage. They are grown, one is 22 and one is 25 years old. My husband designated me as his beneficary in his will. I also named him as mine in my will. I have worked the entire time we have been married and we have jointly accumulated a nice home and belongings and assets. By my being named in his will as his beneficary and his children are named only in the event that we both die at the same time. Does this ensure that everything will go to me and not to them. I am concerned by things I have heard that this may not be all that is required to ensure there will not be any

contesting by his two children. Please let me know.

Thanks--


Asked on 8/21/01, 11:21 pm

1 Answer from Attorneys
Joshua Wintters Law Offices of Joshua Wintters

Re: My husbands children what will happen when he dies?

Hello --

I'm sad to say that there really is nothing you can do in Texas to assure that no one contests the probate of a will. Once admitted to the probate court, any will is subject to being attacked whether perfectly written or not. If properly drafted, witnessed, and the formalities of such are followed, then the chances of a party prevailing on such a contest are slim. Without a doubt your husband could leave his possessions solely to you, and this is quite common. I would just encourage both of you to have solid, attorney-reviewed documents executed as wills with good and credible witnesses if you forsee possible issues in the future. I hope this answers your questions. If not or if you have further questions, please feel free to contact me via e-mail at: [email protected] or via phone at 254.756.5004 All the best, JW

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Answered on 8/22/01, 2:13 pm


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