Legal Question in Wills and Trusts in Texas
My ex-husband passed away in 2001. He was 'common law' married. We have one child together. She is currently 19 years of age. There was no will, however the 'wife' did not forward or give any of his effects to the surviving child. What is the surviving child entitled to? And lastly, how can she obtain what she is entitled to if she is thusly entitled to anything?
Asked on 6/15/10, 8:03 pm
1 Answer from Attorneys
Cheryl Rivera Smith
The Smith Law Firm
With no will, his children (if current wife has his child or children, then she gets a portion) are entitled to all of his separate property and his portion of the community property. I would suggest you contact an attorney to protect your daughter's interests.
Answered on 6/16/10, 6:08 am
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