Legal Question in Wills and Trusts in Texas

Re: how to leave a will

You do not have to leave anything to your husband in your will. I would point out that he will own half of any community property even though it may be in your name. Likewise, your estate will own any community property that is in his name. That is assuming that you do not have any specific qualifying agreements to the contrary (which I assume that you do not have).

Community is property acquired by either of you or your husband during your marriage, except for property that is acquired by gift or inheritance. If the home was bought while you were married, it is possible that it may be community property. In any event, whether or not the home is separate property, your husband will have a homestead right to live in the home for the rest of his life before your son will be entitled to get it outright.

What I have said are the general rules. When you talk to a lawyer about making the will, you will want to discuss these questions in greater detail.

Re: how to leave a will

Things may become complicated sorting out your separate property from community property. You would be best off speaking with a lawyer about what you want to do, and have the lawyer draw up your will for you.