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Loren, Attorney
Category: Estate Law
Satisfied Customers: 28556
Experience:  30 years experience in the practice of estate law.
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I am 46 years old and my wife is 52. Our parents range in

Customer Question

I am 46 years old and my wife is 52. Our parents range in age from 75 to 85 and are all four still alive and in reasonably good health. Mine and my wife’s joint, net assets come to around $500k. We live in Dallas, Texas, and have no prenuptial agreement. Naturally, if I die before my wife, she would inherit all of our community property and assets. My question is this: Is there some kind of way that I can stipulate in my will that, should my parents (her in-laws) need financial assistance in their final years, she would, within reason, assist them? Can I do that without stipulating that they inherit a certain amount of money? I can’t imagine she would let them starve, but it would be nice if there were some kind of provision in my will to help ward against such an unlikely outcome. Albeit I recognize that the law is all about concrete, black-and-white stipulations and not vague, general principals.
Submitted: 4 months ago.
Category: Estate Law
Expert:  Loren replied 4 months ago.

Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.

If you leave property directly to your wife, there is no way to force her to take care of anyone, but you could create a testamentary trust in the will which could direct support in the manner you choose.

That would require a professional estate planing attorney to set up. You can fund it with life insurance if you wish, but there are different types of vehicles for setting it up.

If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys) . Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:

It is a huge worldwide database searchable by location and specialty. The attorneys are all peer rated. So, they represent the top of the profession.

Expert:  Loren replied 3 months ago.

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