Legal Question in Wills and Trusts in Texas
divorced parents/father's death
My parents divorced about 8 or 9 years ago and my father moved out for a short time and then moved back to the house with my mother because he felt that she needed help around the house. They lived in the same house but did not share a bedroom, not too many people knew of their divorce. My father died in June of this year, I just wondered what my mother is entitled to since my parents are divorced. I haven't seen a will and at the memorial service for my father, my mother was mentioned as ''his devoted wife for many years'' despite the fact that they were divorced. I am just curious because she seems to have access to his bank accounts and some money that he had put away in some storage units.
1 Answer from Attorneys
Re: divorced parents/father's death
It is possible that they subsequently had a common law marriage after the divorce. Since not too many people knew of the divorce, they probably "held themselves out" as being married which is all that is required. Common law marriages are recognized in Texas. If there was no will, and if Dad had children outside the marriage, those children may have an inheritance.
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