Legal Question in Wills and Trusts in Texas
My parents had wills drawn up. My dad is 81 and my mother is 78. They each willed to each other in the event of their passing. If my dad dies first, his property goes to my mother and vice versa. My brother and I weren't even included in the will. My parents are married but live in separate locations about 10 miles apart. My dad has a one acre property, an old trailer home and about $90,000 in the bank and is a 100% disabled vet with about $3500 monthly income. My mother owns her own home, worth about $40,000 and my dad actually supports her monthly bills since her SS is very low. This doesn't seem like a wise way to do their wills. My dad is in very poor health and my mom is in very good health. If dad died first, mom would inherit his home place and money plus get widow veteran benefits for life. There would be no need for dad to leave his home property to mom since she would never live on his property. Bottom line is, is this type of "vice versa" will advisable?
1 Answer from Attorneys
This depends on whether anything received such as the cash in the bank would make anyone ineligible for the VA or benefits.