Legal Question in Wills and Trusts in Texas

My child's father died and he was living with a woman for the last 3 years and she says they were considered common law married but I read that they would have had to went to the court clerk and signed a form and that was not done. I was told that she and her half brothers would be his next of kin and they should get his assets. How do I get this done for the kids?


Asked on 4/20/11, 7:43 pm

1 Answer from Attorneys

First, this person has to prove that she is a spouse. Even if she is the common law spouse, the children still have rights. You need to speak with a probate lawyer IMMEDIATELY. The half brothers are not entitled to anything at this point (I'm assuming there is no will.)

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Answered on 4/20/11, 8:25 pm


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