Legal Question in Wills and Trusts in Texas

Can I will my property to my kids eventhough I am married?


Asked on 10/08/11, 8:41 pm

2 Answers from Attorneys

Donald McLeaish McLeaish&Associates;, P.C.

yes..but fortunately by law your spouse has ownership in half of what has been acquired during marriage and reserves right to live in home until death amongst other rights..

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Answered on 10/09/11, 9:32 am
Brian Thomas Burdette & Rice PLLC

You are free to dispose of 100% of your separate property and your 50% of the community property that you share with your spouse by your Will. As Mr. McLeaish points out, there are some special provisions related to your homestead that are unavoidable and not affected by your Will (or your spouse's for that matter.)

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Answered on 10/10/11, 8:10 am


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