Legal Question in Wills and Trusts in Texas

ex living in home of deceased wife-

Can an exhusband, divorced for over 5 years, move into home of deceased wife, (her home awarded in divorce), put everything in his name, home and all, make himself administrator of her will, when the administrator was her mother, who she left everything to and this will has not been settled to prove he is a commonlaw husband as he is contesting the will for. It is due for a jury trial in the summer of this year. Is this legal? Are there consequences for him for doing this? It will be three years this nov. since exwife passed away and he has been living in her home six months after her death. HELP.......


Asked on 5/13/08, 8:49 am

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: ex living in home of deceased wife-

The outcome of the jury trial depends on how good the evidence of his claim is - and whether or not he is challenged. The only consequences he might have would be the damages he caused if he loses a civil suit...assuming he is sued by the claimant of damages.

I would advise getting a good lawyer to protect mom's interests, if any.

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Answered on 5/13/08, 10:54 am


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