QUESTION

I live in Texas, and am a widow. I have some investments from the life insurance my husband had, and my house is paid off.

Asked on Aug 18th, 2011 on Wills and Probate - Texas
More details to this question:
I have a will leaving everything to my two children. If I were to remarry, what previsions would I need to take to make sure that everything I have now would still go to my children after my passing instead of to my husband or any children he may have?
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1 ANSWER

Collaborative Family Law Attorney serving Dallas, TX at Quaid Farish, LLC
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If you remarry, it would be best for you to execute a  new will stating that you are married and that you want certain property to still go to your children.  You should also consider entering into a premarital agreement that would specifically reaffirm your separate property and the fact that your new husband would not have any rights to the property.  Additionally, he would have the right, under Texas law to continue living in your separate property house (if that was the marital homestead when you died) for his life unless that right was specifically waived in the premarital agreement.  Contact a lawyer in your area and talk to him or her about the options that are available to you before you get married again. 
Answered on Aug 31st, 2011 at 12:23 PM

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