Legal Question in Wills and Trusts in Texas
POA authority in Texas
I have POA authority in Texas for a man who is currently a fugitive (in Mexico) due to excessive DWI'S. He owns a small hotel in Texas and the woman who managed the hotel for 1 year died in 2005. She declared herself his common law wife in her Will. In this Will she gave her daughter propriety rights to her proceeds from any sale of the business. It is a holographic will but very well written and detailed naming certain individuals and their SS #s. I assume this Will will be allowed without dispute in Texas court per my attorney. He also states that the deceased womans daughter has a legal case as heir due to her status as the daughter of a self proclaimed ''common-law-wife''. The daughter claims her mother put considerable personal funds into the businss however I maintain that the only money she put in was by getting cash advances on the business credit card machine and depositing these funds as a so called ''personal loan'' for the business. Can the daughter have any legal standing during probate? And is there a time frame in which said Will must be filed in court?
2 Answers from Attorneys
Re: POA authority in Texas
As the daughter of the self-declared, common-law wife, the daughter has an interest in the community property of her mother.
Re: POA authority in Texas
There are a number of timetables involved. The Will must be probated within four years. Disputing the common law marriage must be done within one year.
Assuming the common law marriage holds up, the daughter has an interest in her mother's community property.
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