Legal Question in Wills and Trusts in Texas

Re: Comman law spouses rights when one spouse dies.

Lots of questions! When there is no "official" marriage, the simplest thing is to have wills prepared that will protect you both and it is fairly inexpensive. Unless parental rights are terminated, there is a presumption that the biological parent would make the best custodian upon the death of the other parent and that is difficult to overcome. You would need to prove abuse, etc. However, if the mother makes no effort to take the children, obtaining custody would probably be fairly easy. A named beneficiary on an insurance policy would be taken care of outside of probate and you would receive direct payment from the insurance company.

Re: Comman law spouses rights when one spouse dies.

My question is, what happens if he dies, who gets our home and property? No will, you'd have to prove the common law marriage, and you and the kids would share in the property.

Do I have rights to his kids since I am the one who is raising them? No. Their birth-mother is presumed to be the best guardian. But if she's not interested, you'd be next in line as their guardian.

Can you make a will leaving out you minor kids, but leaving property to someone to sell and set up a fund to care for kids? The will should set up a minor's trust, so the executor/executrix would sell the property and put the money into the trust. The kids are named in the will, as is the trustee and preferred guardian.

Can you state in a will that if ex gets kids, the kids will not get anything in tell they turn 21yrs? The minor's trust can set the age and conditions under which the kids get their money.

If he has a life insurance naming me as bene. can his ex try to take it? Nope. The money passes by contract outside of probate. The insurance company pays it to the named beneficiary. The ex has absolutely no claim, unless she was named again as beneficiary after the divorce. In which case, it would go to her.