Legal Question in Wills and Trusts in Texas

Common Law Wife

My common law husband and I lived together and were building a home 53% completed. We do have common law document. His kids are listed as beneficaries on employer life insurance. Does our document override benes? He also has 401K listed no bene but our document lists in case of death the other is entitled to 50%. Does the document override?


Asked on 6/19/05, 10:41 am

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Common Law Wife

Life insurance and securities accounts pass by contract; they go to the named beneficiary with very few exceptions.

Your document is no substitute for a will. All your document would do is entitle you to the spouse's portion when he dies without a will.

You get your half of the community property, and his kids get his half. That is, after determining who the proper heirs at law actually are.

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Answered on 6/20/05, 5:38 am


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