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.

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Answered on 5/24/07, 4:11 pm


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