Legal Question in Wills and Trusts in Texas

Legal rights of a widow with a step son

My mother has been married to my step father for 25 yrs. They have a mobil home, truck & tractor all of which is not paid for yet. She needs to know her legal rights to what he can or can not take from her she also has the money that is in their checking account. My step father had some stock but had her as beneficiary so I'm assuming that he can not take that from her. Help Please. He just died about 2 weeks ago and this is not something she should be worring about. My step father did not leave a will only his wishes Thank you.


Asked on 6/05/07, 1:48 pm

2 Answers from Attorneys
James Grissom Law Office of James P. Grissom

Re: Legal rights of a widow with a step son

While his wishes can be respected if so desired, only a probate will transfer title to the property. If she is a beneficiary to the stock, she won't have to probate that asset. But, to change the name on the other property including the real property, she will have to apply for probate to some degree or another.

If she shouldn't worry about this matter, then she should hire a lawyer.

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Answered on 6/05/07, 2:22 pm
Peter Bradie Bradie, Bradie & Bradie

Re: Legal rights of a widow with a step son

Your mother takes half of the property in the estate, plus anything where she's named as beneficiary or a joint account with right of survivorship (JTWROS).

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Answered on 6/05/07, 5:24 pm


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