Legal Question in Wills and Trusts in Texas

Your will is your will regardless of whether your husband or you die first and regardless of your son's age. If you are thinking about trying to control your son's custody on your death, that is a harder issue. Also, you cannot take away property that belongs to your husband and give to another. (Generally, he is 1/2 owner of property / money that you two have gotten while married. If you died without a will, as a general example, he would likely be entitled to 3/4 of your home while your son is entitled to 1/4 - 1/2 of your 1/2.)

It is a bit complicated but if you have special concerns, seek a lawyer's personal advice.

Be aware that you can always handwrite a will and that the court is supposed to follow it as best it can within the confines of the law.

yes...as noted...u can't give away what belongs to your husband.........but you can give what you have to a guardian for your son..since a minor must have someone to care for the minor..