In a will, when does “till she dies” mean forever?
Inheritance cases sometimes present unusual problems. A man left a holographic will. The entire will read “Last Will & testament Debbie gets everything till she dies. Being of sound mind & this is my w. last will & testament. I leave to my Wife Daphne Craigen all p. real & personal property. 12-17-99 Dalton Craigen.” Everyone involved [...]
Who can request an exhumation of a body?
Apparently, an illegitimate child can’t. The Health and Safety Code §711.004 allows a district court to order an exhumation if requested by certain people including the spouse or the children. That section may not apply to illegitimate children unless money is involved. In a case decided in 2010, the Texas Supreme Court ruled that a [...]
Does a spouse inherit all the community property if the other spouse dies intestate (without a will?)
It depends on when the person died. Prior to 1993, if a spouse died intestate who had children, his estate went to his children, not to his spouse. Of course, his spouse would have a homestead right to remain in the home but the deceased spouse’s ownership interest in the home would be owned by [...]
Who gets the money if a man names his ex-wife as beneficiary in a life insurance policy?
A husband and wife of 25 years filed for divorce. The husband agreed to pay alimony until 2001. He also agreed that he would obtain an insurance policy and name his ex-wife as beneficiary “to a portion of the proceeds on such policy in a face amount sufficient to pay the then remaining alimony payments…” [...]
Do illegitimate children have inheritance rights?
Before 1991, illegitimate children in Texas could only inherit from their biological parents if the parents eventually got married or if the father acknowledged the child through some authorized manner. The Supreme Court has declared unconstitutional those statutes that limit illegitimate children’s inheritance rights . However, there are still many problems for illegitimate children to [...]
Do you get an inheritance if you never knew your father? Or mother?
Occasionally, the situation will arise were a child is born but never knows one of his parents. This may happen because the mother and father were never married. It could happen because the mother and father were married but for whatever reason, the father left before the child was born or shortly thereafter. It could [...]
What in the world is a “pretermitted child”?
A pretermitted child is a child who is born or adopted after a will is made and is not otherwise mentioned in the will. Most states have statutes that deal with this issue. In Texas, the statute provides that if the child is not otherwise provided for by the deceased parent, the child will take [...]
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