Legal Question in Wills and Trusts in Texas
Wife #2, or not
On August 26, 2002, my father died, basically as a result of cancer, under the care of Hospice. However, there's more to the story. The woman we knew as his wife gave his adult children no say in his funeral arrangements. My question is what are our rights as his adult children, if any to file against this woman and her adult children, possible charges of murder? By the way, shehas come into money,and she and her children have been spending wrecklessly. She has since moved out of the house wher she and my father lived together into a home that she has bought or is buying. There has never been any proof that they were married. Again, I ask you what are our rights as the adult children of the deceased?
1 Answer from Attorneys
Re: Wife #2, or not
The children of the deceased are entitled to 2/3 of the real estate you father owned before his 2nd wife; she only gets a life estate in 1/3.
Personal property is also divided, 2/3 1/3 for his separate property. If she was formally married, or a comnmon-law wife, she gets 1/2 of all the property they acquired during marriage, and his children get the other half.
Insurance, pensions, retirement funds, and joint accounts with right of survivorship, and payable on death accounts pass by contract to the named beneficiaries.
If they were formally married, there'd be a public record of that with the County Clerk's office.
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