When a will is not a will but is a community property survivorship agreement

A community property survivorship agreement is similar to a will but it does not have to be executed with the formalities required of a will. The agreement has to be signed by both parties and has to use certain words as described by the statute.
The effect of the agreement is to transfer all of the community property owned by husband and wife to the survivor when one dies. That sounds like a will doesn't it? However, it is not a will but is just an agreement. Since it is an agreement and not a will, the requirements of execution under a will did not apply to an agreement. The agreement doesn't transfer separate property, just community property. 112.001.

I have an article on my blog about a 2019 case involving community property survivorship agreements. You can view that here.

Can Spouses Inherit - Including Common Law

Can Spouses Inherit in Texas - Including Common LawWhat does a Texas spouse inherit?

If there is a will, the will determines what property a spouse inherits. If there is no will, what a spouse inherits is determined by the type of property in the estate and what other heirs of the deceased exist. A review of the property in an estate and how much of it a spouse is entitled to can be found here.

There are two types of marriages that are recognized by Texas law:

  1. Ceremonial marriage - where the spouses obtain a marriage license and are married by someone authorized by law to perform marriages; and
  2. Common law marriages - where no marriage license is obtained and a ceremonial marriage may or may not be performed.

The law treats the spouse of a common law marriage the same as the spouse of a ceremonial marriage. Both are heirs of their spouse and would take under the laws of descent and distribution. Of course, the common law spouse must prove that they meet all of the legal requirements to be considered a common law spouse before they would be entitled to inherit.

For more information Start Here to Read About Inheritance.

Deathbed Marriages in Texas

Deathbed marriages in Texas

What are deathbed marriages in Texas

Deathbed or predatory marriages are when someone such as a friend, a caregiver or other person, by hook or by crook, marries the elderly person. I have written about those situations on my blog. The marriage is not based on the love and affection two people have for each other but is based on greed. The person is trying to loot the estate of the elderly person.

What can be done about deathebed marriages in Texas

Sometimes the family is not aware

Read more ...

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Robert Ray is Board Certified

Robert Ray is the Editor and owner of this site. Board Certified, Personal Injury Trial Law — Texas Board of Legal Specialization.

We handle cases throughout Texas. Our principal office is in Lantana, Texas (DFW area.)

Click here to email us or to go to the contact form if you want to contact us about a Texas inheritance dispute.

Inheritance Updates

blogInteresting inheritance news on our blog, take a look blog.