Legal Question in Wills and Trusts in Texas
Will vs. Community Property
In the State of Texas, if a man has been married and acquired rental property during the course of the marriage, can he will that property to a son and bypass the community property issue? Also, can he leave the primary residence to another family member and effectively force the eviction of his spouse from his grave?
Asked on 5/24/07, 2:37 pm
1 Answer from Attorneys
Peter Bradie
Bradie, Bradie & Bradie
Re: Will vs. Community Property
No, and no. His spouse will retain her undivided 1/2 community property interest.
If the primary residence was his separate property, she will retain a life estate, with the named devisee as the remainderman.
Answered on 5/24/07, 4:11 pm
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
