Legal Question in Family Law in Texas

My aunt passed away 2 years ago, she was never married and had no kids. Her estate, retirement, life insurance, etc... went to her twin sister. Her twin sister, my other aunt said that my deceased aunt wanted me to have some of the money out of her estate. There was never a will or anything in writing except for what she had told to her twin. Since then, my aunt has given me $24,000 that she received from my deceased aunts estate/retirement/life insurance. So, I have received two $12,000 checks in the past two years. Each check was in my name only. I have deposited the checks into their own money market account with my name on the account only. I am newly separated from my husband of 14 years. He is not on the account. Does he have any right to this money? I was given this money as an inheritance of my deceased Aunt; however, there was no will or documentation using the work inheritance. My living aunt just simply stated when she gave it to me is that my deceased Aunt stated before she passed away that she wanted me to have that money for the kids. If it is not considered an inheritance, but a gift, can I do anything with it so he can not touch it. ie.....put it in the kids names or give it back to my aunt?


Asked on 6/24/10, 2:42 pm

1 Answer from Attorneys
Bob Leonard Bob Leonard Law Group, PLLC

This is a serious problem. A gift or an inheritance is separate property. On divorce, however, it is presumed to be community property until proven otherwise. The standard for proving that is "clear and convincing" evidence. That usually means something other than oral testimony; most judge's would require documentation.

You need an attorney immediately to help you to preserve your gift or inheritance.

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Answered on 6/25/10, 11:12 am


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