Legal Question in Wills and Trusts in Texas

Will Probates

My mother in law died without a will. She was a widower and married a widower latter in life and they resided in her home. Both signed prenups with all investments listed as seperate property. Prenup shows that the survivor would realize a percentage of the total capital gains of community property assets. Is it correct that the father-in-law's assets need to be on the probate inventory for division of assets if no settlement can be reached between him and her children? He only wants my mother-in-laws community property considered, not his.


Asked on 1/04/08, 12:36 am

2 Answers from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Will Probates

Since a pre-nup is not a will, this involves a combination of family, contract, and probate law and it is more complicated than it appears. You really need an attorney to help with this and to help protect the interests of the heirs.

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Answered on 1/04/08, 9:14 am

Re: Will Probates

I would have to review the prenup agreement to see what is what. After that, I would then need to trace the origins of the property in question, to see where it fits under the contract. For items that don't fit under the contract, intestacy law would apply. (Intestacy is the Texas laws of decent and distribution). This means that the surviving spouse would get a share and the children would get a share. This is a highly fact-specific and technical matter, so I strongly recommend your seeking the use of a lawyer.

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Answered on 1/04/08, 9:53 am


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