Legal Question in Wills and Trusts in Texas

My father passed away less than a year ago. He owned some businesses that are worth a few million dollars. The issues are: I dont know if he has a will or not and he has a common law marriage with another woman and has two kids with her. He was married to my mother and has 6 children with her, but he left Viet Nam in 1979 and left behind 4 children and my mother. He was not legally divorced from my mother. Now his common law wife inherited all of his assets, and would not even help out my deceased father poor wife or his poor children in Viet Nam. I have called the county wills and probate office and they told me there was no will on file. Do we have any ground on this matter and where should i go from here? Thank you !


Asked on 8/18/10, 12:54 pm

2 Answers from Attorneys

Donald McLeaish McLeaish&Associates;, P.C.

Probably..call us as the prior wife and children have rights of inheritance if he resided in Texas and that is probably true in most states..my office would be happy to consider the case but you must act or the assets will be depleted

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Answered on 8/23/10, 1:06 pm
Bob Leonard Bob Leonard Law Group, PLLC

If he lived in Texas, and if there were no Will, then his children should have inherited ALL of his half of any community property and most of his separate property. If he had not divorced your mother than his "common law marriage" might not be valid.

Given the large assets involved, you should speak to a qualified probate attorney immediately.

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Answered on 8/23/10, 2:52 pm


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