Legal Question in Wills and Trusts in Texas
inheritance vs community property assets
My husband stands to inherit money upon his mothers death and the same is true for me and my mother. We each have a will stating that all of our assets goes to the surviving spouse. What happens to the inheritance from our mothers? We both have children from previous marriages.
Asked on 1/19/08, 2:16 am
1 Answer from Attorneys
Cheryl Rivera Smith
The Smith Law Firm
Re: inheritance vs community property assets
The surviving spouse takes all. This is a good example of the necessity of having a trust to take care of the children outside of the marriage. I have seen horror stories of surviving spouses conveniently forgetting the step-kids as time passes. Contact an attorney who specializes in estate planning.
Answered on 1/19/08, 6:11 pm
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