Legal Question in Wills and Trusts in Texas
my husband and i are common-law married for 21 yrs. in texas. he made his will before we met in which he leaves everything to his brother. he have a home worth 150,000 that was paided for before i moved in, he has around two hundred thousand in investments. i haved worked for several years. will i be left with nothing?
2 Answers from Attorneys
All of the money he made on his investments while you were married is community property, half of which would be yours. The house is separate property and is disposed of in the will along with your husband's interest in community property.
You need to see a probate attorney to advise your further. If this is not what your husband wants, he needs to have a new will done. Also it would help things if you got married.
You're going to have a firefight when he dies. The brother is likely going to claim you were "just a girlfriend" and shouldn't be entitled to anything. Rather than let this train wreck happen, I strongly recommend you guys each update your wills and document in writing that you have been married for 21 years. If nothing else, update your wills.
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