If my husband is leaving me nothing in his Will, is this legal?

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If my husband is leaving me nothing in his Will, is this legal?

My husband has all our cars in his name and his money. The house is in both our names.We have been married for 24 years

Asked on April 24, 2015 under Estate Planning, Texas

Answers:

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

Answered 5 years ago | Contributor

Texas is a community property state, meaning thatyou each own the property acquired during the marriage in equal shares except if it was givent to him by gift or he inherited it.  So guess what?  Looks like the cars and money are likely half yours too if acquired during the marriage.  You would then have a right to "elect" against the Will but in Texas you may have to choose between your inheritances (but this is a bit complicated and you would need to have an attorney explain it in person).  Also in Texas you have certain rights under the law regardless of what the Will states, like a life estate in the homestead so no one could throw you out. Please go and speak with some one .  Good luck.


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