Texas Will

These wills provide that the estate of one spouse will pass to the survivor.  If both spouses die simultaneously all property passes to adult children.  These are the most common wills written by lawyers. If you have two or more adult children but you do not want all of them to share in your estate simply list as beneficiaries the ones you want to share. 

You have the flexibility in these wills to make specific gifts of property.  Mom can give her jewelry to her daughter and pop can give his gun collection to his son. You can make conditional gifts or make whatever disposition of your property you like. 

Normally the husband will name the wife as his administratrix and the wife will name the husband as her administrator although you can designate anyone you choose.  An alternate administrator should be designated in the event of simultaneous death of husband and wife.  This person is normally the oldest child or the most trustworthy. 

If you do not want to designate your spouse as beneficiary, use the male and female wills listed below if the beneficiaries are adult.  If the beneficiaries are minors, use the male and female trust wills. 

Each will is approximately six to seven pages in length. 

These wills provide that the estate of one spouse will pass to the survivor but allows for additional contingencies.  If both spouses die simultaneously and the property passes to the children who are minors, a guardian will be appointed and a trust will be created and administered by a designated trustee.  The guardian and the trustee may be the same person. 

The trust provides that the trustee will use the estate property for the use and benefit of the minors until the youngest reaches whatever age you designate at which time the trust will terminate and the  balance remaining in the estate will be turned over to the children.  The trustee should be a trusted friend or relative or could even be an adult child. Since the trustee has absolute discretion to make expenditures for the benefit of the minors you should also select someone who cares for the welfare of your children. Keep in mind the age of the person you designate.  You don't want to designate a guardian and trustee in their seventies who may not be around long enough to raise five or six year old children. 

If you have adult children, whether by a prior marriage or not, and minor children, use these forms.

Each will is approximately seven to eight pages in length.

These are contractual wills between husband and wife that provide upon the death of both spouses all property will pass to the designated beneficiaries. Normally they are used when husband and wife marry late in life and bring separate property into the marriage and want the children of each by prior marriage to share equally in their estate after their death.  If either husband or wife accept benefits under this will the survivor is contractually bound to dispose of the property according to the disposition scheme contained in this will.  If, for example, each spouse has two adult children by a prior marriage and they enter into a joint and mutual will, the survivor cannot change the provisions of his or her will and make his or her children sole beneficiaries to the exclusion of the other two children.  This will gives protection to the children of the first deceased spouse. DO NOT USE THIS WILL IF YOU HAVE MINOR CHILDREN.  

You have the flexibility in these wills to make specific gifts of property.  The wife can give the keepsakes and heirlooms invaluable to her side of the family to her children and the husband can do likewise. You can make conditional gifts or make whatever disposition of your property you like. 

These wills follow the same format as the sample will above. You may now write anything you want in your will providing for the disposition of your estate.  In effect you can do your own customizing and are not bound by the more static provisions of the other more commonly used wills.  Flexibility is allowed in identifying your beneficiary/beneficiaries as well as making uneven distributions of your estate.  You can make specific gifts of property as well as conditional gifts. You can submit your will, review it and if it is not the way you want it, hit the back button on your browser and redo it as many times you like until you get it right.

These wills can be used by anyone, married or single, who wants to customize the dispositive provisions of his or her will.

Each will is approximately six pages in length. 

You may leave your property to your minor children and include a trust provision.  These wills are commonly used by non custodial divorced parents who want to leave their estate to their children but prefer someone else manage the estate.  However, you may designate the other parent as trustee if you choose. You should designate a trustworthy person who will manage the minors' estate until they attain whatever age you designate.  Since the trustee has absolute discretion to make expenditures for the benefit of the minors you should also select someone who cares for the welfare of your children. Keep in mind the age of the person you designate.  You don't want to designate a trustee in his seventies who may not be around long enough to raise five or six year old children. 

In cases where you only have one child you should designate an alternate beneficiary in the event your child does not survive the trust. Where two or more children are involved, these wills provide that upon the death of any child before attaining the designated age,  the remainder of the estate is evenly divided among the remainder of the children. 

Each will is approximately seven to eight pages in length. 

You may leave your property to your children and also select a guardian who will provide for them until they reach majority.  These wills are more commonly used by single parents or where one parent predeceases the other.  If you are divorced and have custody of your children you may still designate a guardian.  However, you should consult a lawyer to determine the rights of your divorced spouse to custody of the children upon your death. 

You should designate a responsible trustee who will manage the minors' estate until they attain whatever age you designate.  Since the trustee has absolute discretion to make expenditures for the benefit of the minors you should also select someone who cares for the welfare of your children. Keep in mind the age of the person you designate. You don't want to designate a guardian and trustee in their seventies who may not be around long enough to raise five or six year old children. 

In cases where you only have one child you should designate an alternate beneficiary of your estate in the event your child does not survive the trust. Where two or more children are involved, these wills provide that upon the death of any child before attaining the designated age the remainder of the estate is evenly divided among the remainder of the children. 

Each will is approximately seven to eight pages in length.