Legal Question in Family Law in Texas
how can i get whatever my deceased husband had even though we were separted?
Asked on 3/15/10, 8:06 pm
1 Answer from Attorneys
Keith Engelke
Law Office of S. Keith Engelke
This depends upon whether he had a will, and if so whether you were listed in it.
If there was no will, if you were separated but not divorced, you may have an interest in his separate property depending upon other factors such as whether he had children by other women.
In any event, the property acquired during the marriage is presumed to be community property and would be half yours.
As his spouse, you have a right to administer the estate if there is no will. You will need an attorney to help you determine if this is a step to take.
Answered on 3/21/10, 12:13 pm