What can I do if the woman that my late estranged husband lived with refuses to give our children anything and is selling his stuff?

UPDATED: May 28, 2015

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What can I do if the woman that my late estranged husband lived with refuses to give our children anything and is selling his stuff?

She also signed the death certificate as his wife. What can I do? He passed away a ear ago; we were still married.

Asked on May 28, 2015 under Estate Planning, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You IMMEDIATELY bring a legal action in chancery court seeking a court order (injunction) halting her from taking or selling his belongings; invalidating the death certficate she signed; declaring that she is not his wife; and ordering that his possessions be distributed as per his will (if there is one) or as per intestate succession (if there is no will; intestate succession is the rules for who inherits what when there is no will). In the legal action you can can also damages from her--i.e. that she has to pay for anything already disposed of by her. This is not a simple legal action to bring procedurally, so you should speak with an attorney right away.

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