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Wills and Estates
My wife and I have children from previous marriages. How should Wills be made?

My wife and I have children from previous marriages. How should Wills be made?

Q: Do I automatically inherit my parents' house?

You do not automatically inherit your parents' house unless they have named you as a beneficiary in their will. If there is no will, state intestacy laws will dictate how the house is distributed, typically favoring the surviving spouse and children. To understand your rights, it's advisable to consult with an attorney.

Full question:

My wife and I have children from previous marriages. If we have a Will leaving everything to the surviving spouse can the children of the deceased still come in and claim. property.

Category: Wills and Estates
Subcategory: Yours, Mine and Our Children
Date: 04/07/2025
State: Texas

Answer:

No. If you make Wills leaving everything to your spouse children cannot claim property. The bigger question is who gets the property when the spouse dies. Her Children? His Children? Divided?

Your Will should state who is to receive your property if your spouse dies before you. The Will of your Spouse should do the same. There is also nothing that prohibits a spouse from changing his or her Will after their spouse dies UNLESS there is an agreement not to change the Will.

In situations where there are yours, mine and/or our children the parties should take care to make sure things are left as they intended. It may be typical that both Wills mirror each other or you make a Joint Will.

There are so many options in situations like this that you and your spouse just need to decide together and make your Wills.

Examples include:

Leave everything to spouse and if spouse is deceased equally to all children.
Leave everything to spouse and if spouse deceased some property to some children and other property to other children.
Lease some property to spouse and other property to children.
Leave spouse a life estate in home with remainder to children you decide.
etc.

A child can also be disinherited in all States except possibly Louisiana.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What happens when your dad dies without a will?

When a father dies without a will, his estate is considered 'intestate.' In this case, state laws determine how his assets are distributed. Typically, the surviving spouse and children will inherit the estate. If there are children from previous marriages, they may also have rights to a portion of the estate, depending on state laws. It's essential to consult an attorney to understand how intestacy laws apply in your specific situation.

Are children from previous marriage entitled to inheritance?

Yes, children from a previous marriage may be entitled to inheritance, especially if their parent dies without a will. If there is a will, it will dictate the distribution of assets. However, if the will leaves everything to the surviving spouse, the children might not receive anything unless specified. It's important to clarify inheritance rights in estate planning documents.

What happens when your dad dies and there is no will?

If your dad dies without a will, his estate will go through intestate succession, meaning state laws will determine how his assets are divided. Generally, the surviving spouse and children will inherit the estate. Children from previous marriages may also have claims, depending on state law. Consulting with a legal professional can help clarify the process and rights.

Who inherits a house if the surviving spouse is not on the deed?

If the surviving spouse is not on the deed, the house will typically pass according to the deceased's will or, if there is none, through intestate succession laws. This means that children, including those from previous marriages, may inherit the house or a share of its value. It's crucial to review the estate planning documents to determine the rightful heirs.

What is a child entitled to when a parent dies with a will?

When a parent dies with a will, the child is entitled to whatever the will specifies. This could include a share of the estate or specific assets. If the will leaves everything to the surviving spouse, the child may not receive anything unless explicitly mentioned. It's important for parents to communicate their wishes clearly in their estate planning.