Legal Question in Wills and Trusts in Texas
Death- Will v Community Property State
What are the laws with a will in a community property state. If my dad died and left a will in Texas (a community law state) and he stated a certain amount to be left to his wife, what are the laws and how do i find out if there was a prenup filed?
1 Answer from Attorneys
Re: Death- Will v Community Property State
Prenups are not filed. If your dad lived in Texas his estate will have to be dealt with there, except as to real property which is probated in the State the property is located. When someone dies with or without a will, the procedure is for someone, anyone, interested in the estate to file for letters of adminstration in a probate proceeding to collect the assets of the decedent, pay off the debts of the decedent and distribute the remaining assets appropriately.
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