If my common law husband is gravely ill and has assigned me beneficiary to allassets, what will happen when he dies?

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If my common law husband is gravely ill and has assigned me beneficiary to allassets, what will happen when he dies?

I am beneficiary of his insurance, investments, and retirement. He does not currently have a Will. He does have 1 surviving natural daughter and no other known natural children. He has surviving siblings.

Asked on January 20, 2011 under Estate Planning, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Whether or not you are his common law wife, as long as you are listed as the beneficiary of these assets then you, and you alone, are entitled to them.  Such assets do not pass through the probate estate.  Therefore, no heirs have any claims to them.  As to any other assets, they will pass according to state law (since there is no Will).  As long as you can demonstrate that the TX requirements for a common law marriage have been met, then you will be entitled to receive whatever any wife would under the circumstances.


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