If my daughter’s father passed away and he had filed for common law marriage, hat does my 7 year old daughter get regarding his property?

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If my daughter’s father passed away and he had filed for common law marriage, hat does my 7 year old daughter get regarding his property?

The home he left behind was in his name alone, along with his vehicles. His wife’s name is nowhere in the deed nor car titles. What assets does his 7 year old daughter get to claim even though he was common law married? If she is entitled to some assets, must it be placed in a Trust for her?

Asked on August 22, 2012 under Estate Planning, Texas

Answers:

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

Answered 8 years ago | Contributor

I am so sorry for your loss.  If he died with out a WIll then he dies "intestate" and the intestacy laws in your state will apply.  Your daughter is his legal heir and she should inherit under the law.  Now, his wife will also inherit under the estate but your daughter will have a right to a lot given the details and the law in Texas.  I would strongly suggest that you speak with a lawyer as soon as possible.  Good luck.


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