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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 42850
Experience:  Texas lawyer for 30 years in Estate law
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I live in Texas. My parents do not have a will. My father wants

Customer Question

I live in Texas. My parents do not have a will. My father wants to do a will and leave the family home to my siblings. My mother wants to leave the home to my youngest brother. we are all adults. Can my mother change things in a will after my father dies? The family home is in my fathers name only, but they have been married for 50 years.
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.
Hi and welcome to JA. Ray here to help you today.If the mother receives everything in the will and out lives dad then she can rewrite her will here and leave it to whoever she wishes.The dad if he wants to leave it to the kids should do so in his will with life estate to the spouse.This protects mother but leaves it to the kids when she deceases. This is separate property if bought premarriage.If it was bought during marriage regardless of who has title the mother has a community half and dad can only will away his half. You may want to go with parents and have local lawyer prepare the will giving both of them a life estate and all the siblings getting the house when the parents have deceased. This would be the means to protect your interests and make for a fair outcome for all. I appreciate the chance to help you today.Thanks again. They could also do this by deed now keeping the life estate and titling house to the siblings as residual owners.This can be done while they are alive. I appreciate the chance to help you today.Thanks again.
Expert:  RayAnswers replied 1 year ago.
If you can positive rate when we are done it is always much appreciated.