Will for Married Individual (Trust(s) for Spouse and/or Children) (TX)
Summary
This template is a will for a married client in Texas to pass probate assets to a surviving spouse, or, if the spouse predeceases the testator, to their children in trust. Optional distribution provisions may be used for a testator without children. This template includes practical guidance, drafting notes, alternate and optional clauses. This will is designed for an individual who wishes to leave their property to their surviving spouse, either outright or in trust, and thereafter to the children in trust. In the event the testator's assets will exceed the federal estate tax applicable exclusion amount ($13.61 million in 2024 for an individual), it is advantageous to utilize either the disclaimer trust or the marital trust provisions. By funding a trust for the benefit of a surviving spouse, the couple could defer any and all estate taxes until the death of the survivor. If the testator is not survived by their spouse, the assets pass to the testator's children in either (1) a single ...