Can 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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When Are You Dead For Probate Purposes, Part 3
[mp_image id=”2357″ size=”full” link_type=”custom_url” link=”#” target=”false” caption=”false” align=”left”] When Are You Dead For Probate...
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 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 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 MoreChange In Massachusetts’ Probate Law Benefits Spouses.
A note posted on the Lowell Sun’s website states that a recently passed Uniform Probate Code in Massachusetts made changes in the law of intestate succession. Before, when a person died without a will, the spouse and...
Read MoreThe Growing Problem Of Deathbed Marriages
The Wall Street Journal ran an article on June 11, 2011 entitled “Unholy Matrimony: How to Fight Back” about the growing problem of deathbed marriages between an elderly patient and their money-seeking caregiver....
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What are the Inheritance Rights of a Spouse?
The inheritance rights of a spouse in Texas are complicated. This article talks about those complications and how they may affect the inheritance rights.
Read MoreIn a will, when does “till she dies” mean forever?
“(T)ill she dies” means forever. Inheritance cases sometimes present unusual problems. A man left a holographic will. The entire will read “Last Will & testament Debbie gets everything till she dies. Being...
Read MoreDoes your wife or husband get part of your inheritance when you divorce?
The short answer is no. The long answer is, it depends. Texas is a community property state. That means that a husband and wife have community property and separate property. Separate property is everything acquired before...
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Does a spouse inherit the community property if the other spouse dies intestate (without a will?)
Does a spouse inherit the community property of their deceased spouse is a complex question. Learn about the complexity and what the surviving spouse can do
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