Father died without will Texas

my father suddenly passed away on may 29, 2009. he had a girlfriend of 6yrs who lived with him aswell as my 3 brothers and I. will there have to be seperation of his property. because she is stating that we have no rights since they were in a common law marriage here in texas

Asked on June 10, 2009 under Estate Planning, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The Texas Probate Code Chapter 1 Descent & Distribution, Section 38 Persons who Take Upon Intestacy (i.e. no will) states:

(b) Intestate Leaving Husband or Wife.
Where any person having title to any estate, real, personal or mixed, other than a community estate, shall die intestate as to such estate, and shall leave a surviving husband or wife, such estate of such intestate shall descend and pass as follows:
1. If the deceased have a child or children, or their descendants, the surviving husband or wife shall take one-third of the personal estate, and the balance of such personal estate shall go to the child or children of the deceased and their descendants. The surviving husband or wife shall also be entitled to an estate for life, in one-third of the land of the intestate, with remainder to the child or children of the intestate and their descendants. 

You need to see a lawyer as to the estate and her claim of being a common law wife. She may not qualify and then she would get nothing.  Do not delay.

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