Legal Question in Wills and Trusts in Texas
Will
My question is: My father recently passed in December 2006. He lived with a woman for 4 years. Upon his death she staed she was his common law wive. No one could even knew including my self (the son) and all his co-workers and best friends. I did some researching and found out in the state of Texas this certificate has to be documented in the county of the marriage. The certificat states that it is for insurance purposes. I currently has a will in my possesion and wanting to probate it. She refuse to beleive that this is the only will. Is there some way to find out if there is another will. Also somehow the benficaries were change and left thing to her. Will the will overide the benificaries or will those has to be done. I was under the inpression that the will over powers all things. She is not willing to work with my ans I am the last family member in my family.What should I do? Also is there any low cost legal I can find near the houston area to settle his estate.
3 Answers from Attorneys
Re: Will
You need to get the will probated in a hurry before all the property is gone. If you can't afford an attorney, then I suggest you contact the Harris County Bar Association or one of the law schools in the Houston area. They may have volunteer or lawyer-in-training programs that might be able to assist.
Re: Will
The will should prevail, and the woman will be forced to prove a common-law marriage. All told the probate and the subsequent fight over her common-law status will probably run between $5,000 and $7,500 spead over the better part of a year. Maybe more, depending upon the court where the probate gets assigned.
Re: Will
Act quickly before she squanders his estate. Get the will into probate ASAP. Get a good attorney and you may have to come out of pocket for legal fees in the beginning, but you can be reimbursed out of the estate assets.
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