Legal Question in Wills and Trusts in Texas

Re: will's and children's rights

This is kind of a trick question. The person who died can only give away what he or she actually owned and in Texas, the spouse who died only owned 1/2 of the community property. The surviving spouse owns the other half. So in effect the spouse to died left 1/4 of the total community estate to the child and his or her other 1/4 to the surviving spouse. You can't bequeath what you don't own. Also, the surviving spouse has a life estate in the home and can't be forced out. Separate property is a different issue.

You should really talk to a good probate attorney who can help with the probate and explain eveything .