Legal Question in Wills and Trusts in Texas

When your dad passes, and assuming he is married when he dies, his estate will include his separate property and his half of any community property. His portion of the IRA will include the part that he owned before he was married (separate property) and 1/2 of the part that he owned after he was married (community property). This is the way things would work if there were no beneficiary designation and/or no prenup.

However, retirement accounts are distributed outside of probate. The trustee must follow the designations in the account.

If the prenup does not cover the issue, the new wife would have a claim against the account for her share of the community property eg 1/2 of the accounts earnings after the marriage and 1/2 of any contributions after the marriage which consisted of community property.