Does a will take precedence over community property?

UPDATED: Oct 1, 2022

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Does a will take precedence over community property?

I live in Texas–a community property state. In my will, I am leaving 100 my Vanguard and Janus accounts to my 2 adult children. Does my husband of 5 years have the right to claim 1/2 of the growth on those mutual funds and IRAs if I should die? Or do my children inherit 100 of the initial investment AND the growth which is what I want.

Asked on April 2, 2018 under Estate Planning, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

What you are asking about in reality is called the Widow's Election in Texas, and I would strongly suggest that you seek help from an estate planner to properly charachterize and dispose of your property.  Separate property can be disposed of as you like.  And the increase in separate property is generally considered separate as well.  But seek help.  Good luck.

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