Eastland, TX Estate Planning Law Firms & Lawyers

The brother who does not want his interest in the property needs to sign a quit claim deed over to you (or directly to the charity) relinquishing his interest in the property. If he quit claims it to you in your capacity as Executor, then you can then deed the property to charity or to a third party.

Whether or not you had children together is irrelevant.  Whether he had a child with someone else affects how his separate real property, if any, passes under the Texas laws of descent (real estate) and distribution (personal property). Pensions, 401(k)s and IRAs pass to the designated beneficiaries.  If you are named as the beneficiary, they pass to you.  If no beneficiary is named, pensions pass according to the rules of the pension plan, 401(k)s pass to the surviving spouse and IRAs pass to the estate.  Since IRAs are usually created with community assets, they are usually viewed as community property.  The surviving spouse retains her 50% community property interest.  The deceased spouse's community property interest passes according to his Will or, if there is none, according to the Texas laws of descent and distribution. In Texas, even if the home was separate property, purchased before the marriage and paid for with separate funds, the surviving spouse has a right to live in it for life. Please see a local probate attorney about probating (proving) your husband's estate.                

No, you do not have to leave your children anything. If you want to do that, you should name them in your Will and state specifically that you are not leaving them anything. You do not have to give a reason and it is better legally to not give a reason.