DOES “SPOUSE” MEAN CURRENT SPOUSE?
Problems with terms like “spouse,” “children,” “heirs…”...
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Category: Spouse
Does a spouse inherit in Texas
Does a spouse inherit in Texas? Maybe. Our page shows some of the complicating factors involved in determining whether a spouse inherits in Texas.
Read MoreCan you have a secret common-law marriage in Texas
[mp_image id=”2412″ size=”full” link_type=”custom_url” link=”#” target=”false” caption=”false” align=”left”] Texas Law Texas recognizes...
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No Forced Heirship In Texas
Texas does not require that you leave some part of your property to your children or spouse.
Read MorePretermitted Spouse and Premarital Agreement
What is a pretermitted spouse Texas does not recognize a pretermitted (forgotten) spouse so this article has no application to Texas. Some states do recognize a pretermitted spouse and I have written about those states here....
Read MoreElder Abuse Is Increasing
Elder abuse is increasing, often at the hands of those closest. In an article in the Arizona Daily Star by Patrick McNamara, which was published on their website, tucson.com, the paper reported that law enforcement is seeing an...
Read MoreWhat Is A Widow’s Election In Texas?
The Doctrine The doctrine of a widow’s election in Texas is based on the principle that a person may not take benefits under a will and, at the same time, set up a right or claim of his own, even if well founded, which...
Read MorePretermitted Wife Not Recognized in Texas.
What is a pretermitted spouse I’ve written before about pretermitted (forgotten) children and their rights to inherit. You can read the articles here and here. Basically, a pretermitted child is one who is born after a...
Read MoreCan the Judge Order Spousal Support From a Spendthrift Trust?
No, says the Dallas Court of Appeals. The court stated that under Texas law, spendthrift trusts are trusts with language prohibiting the voluntary or involuntary alienation of the beneficial interest. A spendthrift trust...
Read MoreCan a Male Who Has Had a Sex Change be the Surviving Wife For Inheritance Purposes?
In an interesting inheritance decision out of the Corpus Christi Court of Appeals, the court was faced with a same-sex marriage question. As background, Texas has a constitutional and a statutory prohibition against same-sex...
Read MoreCan an Ex-spouse Accidentally Inherit Property?
Can an Ex-spouse Accidentally Inherit Property? Possibly. I’ve previously written that a divorce voids any will provision in favor of an ex-spouse or his/her family. EC123.001(b), 201.001. If a new will is executed giving...
Read MoreShould You Tell Your Children What They Will (Or Won’t) Inherit?
Deborah L. Jacobs, a staff writer at Forbes, wrote an article where she listed seven reasons why you should tell your children what they will or won’t inherit. While this is a difficult conversation especially as you age...
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