Legal Question in Wills and Trusts in Texas

Will

I am a single parent with 3 children. I have a will. In my current will, I added the verbage ''Let it be further understood that this Will and Testament will REMAIN in force regardless of my marital status at the time of my death''. My question is.....with that verbage will my will remain in force even if I was to remarry? I am just trying to protect my children and give them what is rightfully theirs, regardless of my marital status. I don't want my future spouse to be able to dispute it. Will this verbage work?


Asked on 11/10/03, 12:41 pm

2 Answers from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Will

It will work, but keep in mind that once you are married, if you die first, the spouse inherits a life estate in the homestead. Then there is the post-marriage community property that she will have an interest in. It may be better to re-plan according to needs.

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Answered on 11/11/03, 12:18 am
Peter Bradie Bradie, Bradie & Bradie

Re: Will

You're probably going to cause more trouble with that than by re-doing your will in the event of re-marriage.

It might work, but I have my doubts.

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Answered on 11/10/03, 2:07 pm


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