Legal Question in Wills and Trusts in Texas

Death of an immigrant,what are his wife's rights

A person from Mexico is in Texas working for a large firm (legally). He dies. He has no will. What are the laws regarding his wife's rights to his money. In Mexico when a person dies, no one pays the balance. Again what are the rules for her here?


Asked on 4/29/02, 11:02 pm

2 Answers from Attorneys

Arthur Geffen Arthur H. Geffen, P.C.

Re: Death of an immigrant,what are his wife's rights

Assuming he died in texas, his estate would pass according to Texas intestacy laws.

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Answered on 4/30/02, 10:31 am
Alex R. Hernandez Jr. The Law Offices of Alex R. Hernandez Jr.

Re: Death of an immigrant,what are his wife's rights

I concur with Mr. Geffen. However, also ask what properties did he have? Did he only have US property or did he have property in Mexico. I have clients who have property in both countries and have to plan their estates according to both countries laws. My Mexican clients have to abide by Texas Probate laws on their Texas property here in San Antonio but I have to set up their Mexico property differently although the children now live here in San Antonio. It can be confusing but it does not have to be. The short answer is his wife's rights are dealt with according to where the property is located (mostly).

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Answered on 4/30/02, 3:40 pm


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