Does a surviving spouse inherit everything when their spouse dies?
Does a spouse inherit over children from a previous marriage?
I have updated the page on my main website about a spouse’s right of inheritance. View it here –
There are new cases all the time that clarify or change the law on inheritance disputes. Keep up-to-date by subscribing to our blog.
Void versus Voidable In a recent Texas case, Allebach v. Gollub, 14-22-00272-CV, the issue of void versus voidable marriages came up. There is a difference in the way the courts treat void marriages as opposed to voidable marriages. A void marriage is just that, void....
Who Can Contest a Texas Probate Background In order to contest a Texas probate, you have to have standing. Standing means a person has a right to bring a lawsuit in Texas. To have standing in a Texas probate proceeding, you have to be an interested party. Facts In a...
Pretermitted Spouse in Texas. Texas does not recognize a pretermitted spouse, but other states, including New Mexico, do. I have written articles about a pretermitted spouse here and here. Even though Texas doesn't recognize a pretermitted spouse, do they have...
What is the difference between annulment and divorce? A divorce is a court order that ends a marriage. An annulment is a court order that the marriage never existed. An annulment can only be ordered based on limited circumstances like fraud, duress, or force as well...
Texas Law Does a spouse inherit if the other spouse dies intestate without a will? That simple question cannot be answered with a simple answer. It can't be answered simply because there are so many factors: Are there children and are they children of both parents?...
Problems with terms like "spouse," "children," "heirs..." In an interesting case from 2020, 04-20-00035-CV, a woman created a trust. The trust named her son's "spouse" as a beneficiary. The son later divorced and remarried. The question before the court was whether...
Texas Common-law Marriage Texas recognizes common-law marriages or what Texas calls "Informal Marriages." There are two different ways you can have an informal marriage: Agreeing to be married; living together in Texas after the agreement; and, representing to others...
