Legal Question in Wills and Trusts in Texas
Wills/ Estate Family Planning
I believe my husband has secretely created a will that leaves his assets to his mother. We are married and living together with our biological daughter - what are my options?
2 Answers from Attorneys
Re: Wills/ Estate Family Planning
You can't do anything about it. Your husband has the power to write his will and to leave his assets to whomever he chooses.
When he dies, you and your daughter may have statutory rights which will allow you to remain in the homestead, to collect a family allowance from his estate, and to set aside exempt property for your use. Also, your husband's will only gives away his separate property and his 1/2 of the community property. He cannot give your 1/2 of the community property, or any of your separate property to his mother.
Re: Wills/ Estate Family Planning
Generally speaking, anybody can dispose of theri 1/2 of the community estate to anyone else. Certainly, he cannot dispose of your 1/2 in anyway. If you think his disposition is a "fraud on the community", you should consult a lawyer familiar with this type of case. Although, this is a rare occurrence. Good Luck.