Legal Question in Wills and Trusts in Texas

My son died while in the process of a divorce. I have his legal will which leaves everything to me. This will was written prior to his marriage. The marriage was lasted less than 3 years. His widow now claims that she is entitled to his belongings. Which takes precedence...the will or community property in Texas?


Asked on 2/16/11, 9:04 am

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

This is not a question of precedence.

One cannot leave property to someone else (in a will) that doesn't belong to him.

I can leave MY house to my brother. I can't make a will that leaves YOUR house to my brother.

If I'm married, there is a presumption (which can in some cases be overcome) that half of all the property I acquired during marriage is COMMUNITY PROPERTY, which means that half belongs to me and half belongs to my wife.

So the question becomes: Of all the property in yoru son's estate, how much of it was acquired BEFORE the marriage and how much was acquired DURING the marriage?

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Answered on 2/19/11, 8:51 am


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