Legal Question in Wills and Trusts in Texas

Common law spouse in probate

I lived with a man as his common law wife for nearly 10 years. He passed away without a will. I still live in the house but now his only daughter filed heirship in an adjacent county other than the county where the house is. Can she do that? Aren't I entitled to the house as common law wife? I do reveive SS under his name.


Asked on 9/20/08, 7:14 pm

2 Answers from Attorneys
Donald McLeaish McLeaish&Associates;, P.C.

Re: Common law spouse in probate

There must be more to the facts...hir a lawyer...it costs nothing to call a local lawyer on the phone..if you are in our area, call us////most lawyers do not charge for initial visit or phone call

Read more
Answered on 9/21/08, 12:26 pm

Re: Common law spouse in probate

Hire a lawyer, now. You may have rights, but they are not self-enforcing. You have to protect them yourself. If she filed heirship in that county, you can make an appearance in that proceeding, and make your claim there.

Read more
Answered on 9/20/08, 7:18 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Texas