Legal Question in Wills and Trusts in Texas
Legal Rights of Children and Third Wife
A father has 2 children from a first marriage and 2 children from a second marriage. He then re-marries a third time and then is diagnosed with terminal cancer. The father and the third wife have been married for just under a year, 11 months. The third wife gets Power of Attorney and there is no will. The third wife would like the father to be buried in one state and will not relinquish father's cherished belongings. The father has answered with ''whatever wife wants'' to questions of his wishes. What legal rights do the 4 children have over the third wife in deciding the father's burial plans and in retrieving the treasured items? There are no children involved between the father and third wife. The third wife has 2 children from another marriage. All 6 children are over the age of 21.
2 Answers from Attorneys
Re: Legal Rights of Children and Third Wife
Treasured belongings from prior to marriage are his separate property. With no will, children outside the marriage would inherit all of his separate property and his community property in equal shares. When dad passes, you can open up probate and make a demand for the property. You'll need an attorney. Hopefully what you want is still around.
Re: Legal Rights of Children and Third Wife
Sorry, the father has determined that the kids have no say. The wife will get to decide where he is buried. She will get the first portion of the estate, too. If you want some cherished items, you probably should start "making nice" to the third wife.
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