Will question/advice

[HoneyBee]

Asking a question for someone I know....
I own some land and a house (in my name only) I had a will legally done for me, leaving everything to my son and a month later my wife left me. We are still legally married even though she left 8yrs ago. If I die tomorrow does she get my land, house, money, cows or does it go to my son whom I have it willed too?

[rferg84]

Asking a question for someone I know....
I own some land and a house (in my name only) I had a will legally done for me, leaving everything to my son and a month later my wife left me. We are still legally married even though she left 8yrs ago. If I die tomorrow does she get my land, house, money, cows or does it go to my son whom I have it willed too?

He needs to get divorced, just throwing that out there.

Then he needs to talk to an estate attorney

[HoneyBee]

He needs to get divorced, just throwing that out there.

Then he needs to talk to an estate attorney

Talking to him about divorcing her is like banging my head on a brick wall

[RaiderSmoke]

That is a very good "get a lawyer" situation. Hope he figures it out!

[JMR]

Was the property bought while married or before? Is it homesteaded?

[Cuz]

I'd bet its hers till the son is of age. Probably be up to the specific judges discretion.

[HoneyBee]

Will question/advice

It was inherited family land while married but her name is not on the deed (they had only been married for around 2yrs when he inherited the land) Yes it's homesteaded.
Son is well over 18

[blntrey3]

Get a LAWYER Fast!!!!!!!

[SHSUBearkat]

It doesn't matter that her name isn't on the deed, because it is common property since they are married. If I was a betting man, I would say that the wife would get the property first.

[Joe H]

I think since it was inherited might make a difference. Need to check with a lawyer.

[Boomerang]

It was inherited family land while married but her name is not on the deed (they had only been married for around 2yrs when he inherited the land) Yes it's homesteaded.
Son is well over 18

Inherited land is 100% his but income is joint off inherited assets. He needs to consult an attorney, but he can leave his inherited asset to whomever he wants. Now if she can showjoint assets were put iin the property, she could have a claim. This isn't a qualified plan butthose she is also entitled to 100%.

[texaspyro21]

Generally- texas treats inherited property as seperate even if there is a spouse. He has an issue with it being homesteaded as his wife would have a life estate over the property despite what the will says. Best way to prevent her from getting a life estate would be to divorce her or get the joinder requirement removed under the unusual circumstances of permanent abandonment, which I'd bet he won't do since he doesn't want to divorce her.


Another issue is was the house built after he got the property or before? Cows would probably be considered community unless he kept good banking records to show they were bought with seperate funds. Money is also another big issue that would probably be community unless he inherited it too.

[nursejenn]

Inherited land is 100% his but income is joint off inherited assets. He needs to consult an attorney, but he can leave his inherited asset to whomever he wants. Now if she can showjoint assets were put iin the property, she could have a claim. This isn't a qualified plan butthose she is also entitled to 100%.

This!

[HoneyBee]

Generally- texas treats inherited property as seperate even if there is a spouse. He has an issue with it being homesteaded as his wife would have a life estate over the property despite what the will says. Best way to prevent her from getting a life estate would be to divorce her or get the joinder requirement removed under the unusual circumstances of permanent abandonment, which I'd bet he won't do since he doesn't want to divorce her.


Another issue is was the house built after he got the property or before? Cows would probably be considered community unless he kept good banking records to show they were bought with seperate funds. Money is also another big issue that would probably be community unless he inherited it too.

He built the house way before they got married. Cows were inherited with the land (not sure if that makes a difference)

[kumathebear]

Assets, liabilities, community property and on and on...consult a "experienced" lawyer specializing in divorce!