Legal Question in Wills and Trusts in Texas
The Rest of the Stuff (Community Property)
If a spouse explicitly gives away items A, B, and C and does not mention how to dispose of rest of the stuff, something like ''and the rest of my earthly possesions I leave to...'', what becomes of the rest of the stuff?
2 Answers from Attorneys
Re: The Rest of the Stuff (Community Property)
It depends on whether there are children outside the marriage. If there are no children outside the marriage, the property would go to the surviving spouse.
Re: The Rest of the Stuff (Community Property)
It depends upon the rest of the language in the will, and whether there are children of the marriage or of the deceased spouse only. It may pass by intestacy (as if there was no will).
Most likely it will go to the surviving spouse, but that's not a sure thing.
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