Legal Question in Family Law in Texas
A friend of mine filed for divorce a few months ago in Texas. . Before the divorce was final, the husband committed suicide leaving her out of his will. What rights does she have?
Asked on 11/07/12, 10:50 am
1 Answer from Attorneys
Bob Leonard
Bob Leonard Law Group, PLLC
If his will is valid (check it out with an attorney) then he can pass only his separate property and half of the community property. At his death, she retains all of her separate property and half of the community property. The might be a case for reimbursement under some circumstances; that is, his estate might be required to reimburse her separate estate or the community estate, if, for example, they paid from community funds a mortgage on his separate property land.
Your friend needs an attorney who is versed in both family law and probate law.
Answered on 11/07/12, 1:00 pm