Legal Question in Wills and Trusts in Texas

New wife asking for ''allowance''

My sister & my father passed away 5 months ago. He had married 4 years prior, with a verbal agreement to mix no funds, and that his will would leave his belongings to his 2 daughters. I was joint owner of his bank accounts, with survivorship. He had purchased a house before marriage, which still has a note on it. He had been making payments from his separate account on the house payment. His will has been probated that indeed leaves his estate to my sister & me. His wife is now taking us to court asking for an ''allowance''. She has moved out of the home and we are trying to sell the home. What rights does she have to receive a monetary sum?


Asked on 4/05/05, 4:24 pm

1 Answer from Attorneys
David Leon David L. Leon, P.C.

Re: New wife asking for ''allowance''

I'm assuming that the second wife is asking for a widow's election, in which the will's bequest to her is given up in exchange for a statutory share of the estate. My suspicion is that there is a prenup agreement that addresses this. I'd need to review that before giving you an opnion.

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Answered on 4/06/05, 2:19 am


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