Legal Question in Wills and Trusts in Texas

Re: Will for Remarriage

If there's no will, you would retain a life estate in the residence. You could live there, or rent it out if you so chose. You cannot be divested of your 1/2 interest in community property. It would make sense for you to have a will prepared, whether he does or not.

Just remind him that every time he drives on a freeway he's sharing it with 18-wheelers.

Re: Will for Remarriage

This is one of the most common scenarios I see which is almost sure to cause contention and litigation in the future, if your husband dies before you do - subsequent wife vs. stepchildren.

By not having a will, your husband is almost guaranteeing trouble and expense for you and his children. Without a will, you would receive 1/2 of the community property, and there would likely be arguments about what is community and what is separate. You would receive 1/3 of the separate personal property and a life estate in 1/3 of the separate property real estate, which is a messy thing in and of itself. This is not to mention your homestead rights, which involve your paying taxes and interest on any mortgage, and the children paying insurance and principal on any mortgage on the homestead. Getting everyone to pay for something they don't completely own can be problematic.

In any event, I hope this recitation will help persuade your husband that he needs to clearly set out his intentions for what will happen after he dies. By doing so, he may not ensure good relations between you and your stepchildren, but at least he will cut down on the amount of uncertainty and argument that could ensue upon his death.

Re: Will for Remarriage

Without a will you would have a community property interest in the property acquired during the marriage. You might be able to make a community property claim for some portion of the real property, but at least as a surviving spouse, you would have a life estate (the right to live there 'til you die) in the homestead.