How do I prevent my stepson from claiming any of my husband’s assects if he dies?

UPDATED: Jun 11, 2012

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How do I prevent my stepson from claiming any of my husband’s assects if he dies?

My husband and I agree that his son will have no right to any money, car, house, etct. If he dies, how do I prevent his son from obtaing any of his assects?

Asked on June 11, 2012 under Estate Planning, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to do some estate planning, now, before he dies or becomes incapacitated.  Through estate planning your husband can leave instructions on how he wants his property divided.  Many people tend to wait until their parent or loved one has lost mental capacity to sign important documents.  At this point, anything signed will easily be subject to challenge.  If your husband is in good mental health, then you need to talk to an attorney that specializes in estate planning.  Estate planning is more than just writing up a will that says you get everything.  It also involves others types of estate planning like "right of survivorship" for certain pieces of property that will automatically pass to you without the need of a probate.  The main thing is to make a clear inventory of everything that you both own and then sit down with the attorney to come up with a written plan (either through a will or other document) on how he wishes his estate to be divided upon his death.  Texas still recognizes holistic wills (hand-written wills), but they are easily subject to challenge.  If you can work with an attorney, you can save money later by avoiding an ugly probate or the reduction of estate taxes.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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