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Make sure your will is properly worded to avoid potential issues

When you are creating an estate plan, there are some specific situations you have to think about. Some of those situations don't have anything to do with you. The living situation and the possibility of marriage of your heirs and beneficiaries is something that you have to consider because how the inheritance is handled in the event of a divorce.

Texas is a community property state, so it is possible for a spouse to keep separate interest in inherited property. It is important for people who are writing up wills to understand that in order for the property to remain separate, it must be left to only one spouse. If the inheritance is left to both spouses, one spouse can give away their own share of the inheritance, but they can't give away the other spouse's share.

When you are writing up a will, make sure that you word everything properly. Failing to use the proper wording can affect how and even your heirs would be able to acquire the property. You should also make sure that your heirs know that you are giving the inheritance to them and not any spouse, even if that spouse hasn't been found yet. This is because it is vital that your heirs keep the inherited property separate from all community or marital assets.

Once you create a will, you will have to review that will periodically. When you review the will, make sure that you double check the wording and the implied intention so that you can ensure that the will reads as you intend.

Source: FindLaw, "Inheritance Law and Your Rights," accessed July 02, 2015

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