If my husband is leaving me nothing in his Will, is this legal?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 9 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.