Legal Question in Wills and Trusts in Texas

My brother in law in Hemphill,Texas, made out his will in 1995 making my daughter his beneficiary. Since then he has been living,out of wedlock, with a woman. She had money and did extensive rebuilding on the house. My question is, Is this will that he made out still valid or can it in anyway effect the disposal of his property? Should she pursue this?


Asked on 11/30/09, 12:05 pm

2 Answers from Attorneys

Keith Engelke Law Office of S. Keith Engelke

Wills are valid until revoked or replaced.

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Answered on 12/05/09, 2:39 pm
Cheryl Rivera Smith The Smith Law Firm

Yes. If woman asserts common law marriage, she may obtain a life estate in the house. She also may have an interest in the improvements for which she could be reimbursed. It depends on whether or not she asserts that right of reimbursement. Best to call an attorney and have the will probated. Sorry for your loss.

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Answered on 12/06/09, 11:25 am


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