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Talking to him but he gets upset because Iwant to do this in a simpler straight way
Thanks for your question and good evening.If you have follow up when I am done just let me know.I appreciate your allowing me to help you.You are correct that the CPWRS here assuming it is set up with right of survivorship passes to the named survivor outside probate.Any other accounts that you have with contractual right of survivorship also pass outside probate.The residual clause of your will only comes into play when the survivor who has gotten the account through survivorship then deceases.So in that situation then the residual clause would come into play.But initially when the first spouse deceases the CPWRS account itself passes under the right of survivorship and not through probate to the named survivor.The CPWRS if is set up properly passes outside the will to the named beneficiary/survivor and would not be a part of the will and the residual clause as to the first spouse here to decease.The account only passes under your will when you as the surviving spouse then in turn decease to the named beneficiaries in your will because it is no longer community property.The surviving spouse gets the entire account under the right of survivorship and then may will it to whoever they choose as it is then their separate property.The wills simply do not come into play until one spouse is left and then their will and the residual clause comes into play.And if you were to survive your spouse and take all you are then free to either do a new survivorship account adding new beneficiaries or let it pass through your will to the beneficiaries.But as you state the residual clause when properly worded in a properly executed will would allow the account and any other assets you have to pass under the terms of the will to the named beneficiaries.Again it only comes into play here when both of you have deceased and you want it to then pass under the terms of your will and the residual clause.But having an estate lawyer review the specific language and the CPWRS account is a good idea so that one you know for certain it has a right of survivorship and then that the contingent residual clause is properly worded for what you want.You can use the lawyer referral I gave you to have a second estate lawyer review the draft and make sure that you get the outcome you want here.You always have the right to have your will reflect your desires.So the residual clause of your will allows you to dispose of all of your assets including the account you got at time your spouse deceased that you got through rights of survivorship. I hope that clarifies these issues for you.If you have follow up please just ask.Lawyer referral if you want a second lawyer to review your draft will..http://www.texasbar.com/AM/Template.cfm?Section=Lawyer_Referral_Service_LRIS_Sample residual clause for your information.I give the rest of my residuary estate to my husband, John. If he does not survive me, I give my residuary estate to those of my children who survive me, in equal shares, to be divided among them and the descendants of a deceased child of mine, to take their ancestor's share per stirpes.
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Texas lawyer for 29 years in Estate law
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