Legal Question in Wills and Trusts in Texas

ex claiming commonlaw after ex-wife's death

my daughter died on ll/8/2005. She was married when she made out her will in 1996 but divorced in 2001. her will named her mother beneficiary, who lives in WI. When divorced, they agreed to terms of her receiving the home, car, property, etc. He got the business they owned together (grocery store). He then lived with her until two months before her death, moved out, took her name off checking account and left her without a dime. She was very ill and could not work anymore. Her mother gave her her social security checks to live on. Her ex bought a new home. He is now contesting will stating commonlaw and the case has not gone to court yet as no court date set as of this time. He took it upon himself to move back into her home and put all utilities, etc. in his name, had water turned on in his name(illegally)and lives there as if he owns the place without this ever being settled. Her mother, it seems, as the beneficiary, has no rights whatsoever, in the say of this matter. Can he do this legally? Can the mother do anything to him legally? Is he entitled to her home? What is his rights? I heard that in Texas, you have to be living with the person at the time of death to be ''commonlaw'' and he wasn't. Thanks


Asked on 8/14/06, 6:35 am

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: ex claiming commonlaw after ex-wife's death

My condolences on the loss of your daughter. From what you say, it appears that the ex is taking advantage of the geographical differences and is trying to take the house. For a couple to be married by "common law" it takes more than just living together. They must be holding themselves out to the public as a married couple. If what you say is true, the house should belong to the mother and the will should be probated in the county where the property is located. Please call a good attorney to protect your interests.

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Answered on 8/14/06, 8:16 am


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