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question about texas law

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jgarrgirl

Junior Member
What is the name of your state (only U.S. law)? Texas

My dad passed away this year leaving a will. He is survived by my step mother, myself and my brother, His will divided his property 3 equal ways. I understand that my stepmother will receive half and then the other half is divided 3 ways. I have been told that the only property or money divided 3 ways is the ones that was already aquired before my dad married my step mother and that all monies and property, assets aquired after he married her are all hers. Is this correct?:
 


anteater

Senior Member
I have been told that the only property or money divided 3 ways is the ones that was already aquired before my dad married my step mother and that all monies and property, assets aquired after he married her are all hers. Is this correct?
It's always nice to know who told you. An attorney? Stepmom? A neighbor?

In any event, I will certainly take no offense to being corrected, but that is not my understanding. Stepmom, of course, retains her 1/2 half of the community property. But your father was free to dispose of his 1/2 through his will. Unless...

They agreed to create a right of survivorship in the community property.

Sec. 451. RIGHT OF SURVIVORSHIP. At any time, spouses may agree between themselves that all or part of their community property, then existing or to be acquired, becomes the property of the surviving spouse on the death of a spouse.

Sec. 452. FORMALITIES. An agreement between spouses creating a right of survivorship in community property must be in writing and signed by both spouses. If an agreement in writing is signed by both spouses, the agreement shall be sufficient to create a right of survivorship in the community property described in the agreement if it includes any of the following phrases:
(1) "with right of survivorship";
(2) "will become the property of the survivor";
(3) "will vest in and belong to the surviving spouse"; or
(4) "shall pass to the surviving spouse."
An agreement that otherwise meets the requirements of this part, however, shall be effective without including any of those phrases.
 

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