What property do children from my husband's previous marriage take if he dies without a will?
The answer depends on who is alive when your husband dies and whether the property he owns at death is considered community property or his separate property.
There is a presumption in Texas that all property acquired during marriage is community property. If a married person dies without a will survived by a spouse and children of a former marriage, all the decedent's one-half interest in the community property passes to those children, with the surviving spouse keeping his or her one-half interest.
As for property that your husband owns separately, under Texas laws, you as a surviving spouse would receive a life estate (meaning that you may continue to use the property until your death) in one-third of that property, and rest of it would pass to his children.
If this is not the result he intends, encourage him once again to put his wishes in writing in a will or living trust.
Recommended for you
- Are family corporations a good or bad idea?
- Since my parents own property in several states, how will their estate be administered?
- What is my first step in administering a will for my mother?
- What is the difference between a will and a trust?
- What is the specific wording to use when excluding children from will?
- See all 330 questions about Wills and Trusts
