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If you have a question about Texas inheritance laws, contact us.Click here to go to the contact form if you want to contact us about an inheritance dispute.

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Robert Ray is Board Certified


Board Certified, Personal Injury Trial Law — Texas Board of Legal Specialization.

Our principal office is in Tyler, Texas.

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Can Spouses Inherit - Including Common Law Wives and Husbands?

Spouses, legal or common law, inherit.There are two types of marriages that are recognized by the 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.

Like natural born children and adopted children, 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.

The foregoing information is general in nature and does not apply to every fact situation. If you are concerned about inheritance laws, have an inheritance dispute, a property dispute or want information about contesting a will, we can help. Please go to our main site www.theprobate.net and use the contact form to contact us today. We would love to learn about your case and there is no fee for the initial consultation.

 

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