Legal Question in Wills and Trusts in Texas

Re: Problems after death

I am sorry about your uncle. It sounds like there are several complicated issues with regard to his estate. One of the first will be whether or not he and his girlfriend were actually husband and wife under the laws of Texas. If they never had a formal marriage, and they never signed a Declaration of Informal Marriage which is filed at the County Clerk's office, then in order for her to get any widow's rights or community property rights, she will need to file a lawsuit and get a judge to declare that they were actually married. It's an uphill battle for her. If she is successful, then my answers below may all change.

Regarding the car, the presumption is that your uncle and your mother each own half the car. Somehow title to 1/2 the car will need to be transferred from uncle's estate to mother, and she will have to pay for it.

Regarding the 401K, this depends upon the terms of the 401K plan. If your uncle never designated a beneficiary, then the company has a hierarchy of who gets the 401K.

Your cousin, the son of the uncle, probably should end up inheriting everything. He needs to consult with an attorney ASAP to protect his interests, especially if girlfriend is going to try to establish an informal marriage.