Legal Question in Wills and Trusts in Texas

iF a person dies without a Will and is maRRIED(50+ YRS) does everythining go to the wife


Asked on 4/10/12, 8:04 am

3 Answers from Attorneys

Arthur Geffen Arthur H. Geffen, P.C.

If that person has never been married before with kids, has no kids from other women whether wives or not, the answer would be yes, but it would still involve a court proceeding especially if there are debts and a variety of assets that would need an administrator's signature. Consult local probate lawyers, because it doesn't happen automatically.

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Answered on 4/10/12, 8:08 am
Donald McLeaish McLeaish&Associates;, P.C.

yes if there was not a prior wife with children...but when one dies after 1995 all goes to wife unless there are children from a prior marriage...

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Answered on 4/10/12, 8:08 am

The answer is "sometimes." Unfortunately, as others have pointed out, the answer isn't as simple as the question. First, just because someone is married for 50+ years doesn't mean that there are not children outside that marriage. If there are, then things get more complex. Also, there is an issue of separate property (such as property acquired prior to the marriage and property received by gift or by devise). Second, the law changed in 1993, so if the person died before then, it's a whole different scenario.

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Answered on 4/10/12, 8:20 am


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