Legal Question in Wills and Trusts in Texas
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Son v. Common Law Spouse Claimant. If a man leaves a valid will leaving his entire estate to his sole heir, his only son, but there is a woman who has lived with his dad on & off for many years - they never intended to marry. His dad was very careful to never call her his wife. Never filed taxes, never had any documents in eachothers names.Never held eachother to the world as husband/wife. If she wins a common law argument based on heresay does her marriage override the Decedent's last Will?
2 Answers from Attorneys
If it is a valid Will, the Will trumps. Married or not, children or not, you can leave your estate to who you want in the proportion you want and leave anyone out that you want. The only stumbling block is if she proves the marriage and some of the property was acquired during the marriage she may own a community portion of the asset (like a house) and you can only leave what you own to an heir. (i.e. he could leave you his share of the house but she would still own hers)
Another problem, if th informal marriage is proved is that she will be the surviving spouse and will have a right to live in the homestead until she dies or abandons it.
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