My wife and I have children from previous marriages. How should Wills be made?
Full Question:
My wife and I have children from previous marriages. If we have a Will leaving everything to the surviving spouse can the children of the deceased still come in and claim. property.
01/07/2017 |
Category: Wills and Es... ยป Yours, Mine ... |
State: Texas |
#29666
Answer:
Your Will should state who is to receive your property if your spouse dies before you. The Will of your Spouse should do the same. There is also nothing that prohibits a spouse from changing his or her Will after their spouse dies UNLESS there is an agreement not to change the Will.
In situations where there are yours, mine and/or our children the parties should take care to make sure things are left as they intended. It may be typical that both Wills mirror each other or you make a Joint Will.
There are so many options in situations like this that you and your spouse just need to decide together and make your Wills.
Examples include:
- Leave everything to spouse and if spouse is deceased equally to all children.
- Leave everything to spouse and if spouse deceased some property to some children and other property to other children.
- Lease some property to spouse and other property to children.
- Leave spouse a life estate in home with remainder to children you decide.
- etc.
A child can also be disinherited in all States except possibly Louisiana.
