Legal Question in Wills and Trusts in Texas
Wills, Fiance rights of estate
My Fiance moved to Texas. His son did not bother to tell me he passed away until 3 weeks after the event.
At the time he owed me money. The son said that there were provisions in the will for my children in lieu of the debt. That was one year ago. I have not heard from them since (his grown children). My sweetheart proposed to me in a letter not weeks before he died. I of course have saved the letter. I know that my boyfriend had built up at least one of his younger sons trust to over a million dollars. Do I have any rights here? How can I find out if myself and my children were provided for in the will?
2 Answers from Attorneys
Re: Wills, Fiance rights of estate
The fact that you were engaged probably does not make much difference. Since you were not married, you would not be entitled to any share of his estate under the NJ intestacy statute (Texas law may be different, but I doubt it). If your children were named in the will, they should have a right to obtain a copy of the will from the executor. If the deceased owed you money, you may need to bring a claim against the estate. In NJ there is a specific time period within which you must file this type of claim. Texas may have similar laws.
Re: Wills, Fiance rights of estate
You need to contact an attorney who practices in the county where your fiance lived in Texas. The attorney can check to see if a will has been entered in probate, and if so, who the executor and the attorney for the estate may be.
The window within which claims may be filed against an estate in Texas is six months starting from the day notice of the executor receiving letters was published.
Your sole interest in your fiance's estate is based upon a debt for money owed. If that's not in writing, it would be banned by our Statute of Frauds.