Texas laws about wills and trusts

[poppo]

Do we have any legal types here? What I want to know is (I am married) if I die, can I leave my gun collection to someone that is not a relative? Can items like this be willed to someone not related, or is everything considered community properly and thus has to go to heirs (i.e. the wife)? I heard that it may be possible to create a trust ahead of time that would accomplish this, but I don't know. That's why I'm asking. BTW, there are also some other items I would like to go to certain friends and while I would hope my wife would simply honor my wishes, I would like something a little more concrete especially since there is one person she can't stand.

[poppo]

You better hope your wife never finds this post.

Why? She will already be well taken care of. She has no real interest in the guns and would probably sell them for about 1/10 their value, or worse just toss them in a box and let them get rusty. And what is wrong with wanting to leave a few items to some good friends? She has a bunch of 'girl stuff' that I would not care who she left it to. I have stuff in my 'man room' that she has zero interest in like a pinball machine for example that she also has zero interest in. But like I said, the only issue I can see is that she does not approve of all of my friends and I could see her not honoring my wishes if I just wrote it down. I just want to know if there is a legal way to leave things to other people.

[LarryH]

You don't necessarily have to declare your wife to be the executor of your will.

A trusted friend or a lawyer would work as well.

[apostate]

As someone said, you don't have to name your wife as executor and it may be a kindness to a grieving widow to have someone else handle those details. IANAL but I believe if the firearms are separate property then you can do as you wish, and if they're community property then those rules also apply while you're alive. I don't see how using a trust would obviate the need for her consent to sell or gift community property (but, as I said, IANAL.)

I think it's worth speaking with a lawyer familiar with wills and estates in Texas. I hired philbo to re-do my will (and related documents) and if you're in Houston I can recommend him.

[WildBill]

IANAL, but you can get one to write your will so that the guns will go to whomever you name. The executor of the will is bound by what is written in the will. As others have pointed out, your spouse doesn't have to be appointed as executor. Pick someone who will follow the will.