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Questions Answered by Scott D Reiner
1 Answer | Asked in Estate Planning and Probate for Texas on
Q: I Remarried my ex-wife. Does the will we had from our first marriage remain in effect ?
Scott D Reiner
Scott D Reiner
answered on Jun 8, 2022

The effect divorce has on an existing will is to read the spouse out of the will. There may be some ambiguity though as, while the law provides for reading-out, it also provides for reading-in in the event of a marriage after an existing will (e.g. unless new will made after marriage that excludes... View More

1 Answer | Asked in Family Law, Adoption and Child Custody for Texas on
Q: Is there any way I can adopt the kids without becoming a foster parent?

I received PMC (Permanent Managing Conservatorship) without PCA (Permanency Care Assistance). The boys were placed with me through CPS because of the negligence on their mother. The mother is in prison and the father has no contact with the kids. Both were order from the judge to pay alimony.... View More

Scott D Reiner
Scott D Reiner
answered on Jun 8, 2022

While some connection to the children is necessary to bring suit related to them, it seems that they have been in your care for a sufficient amount of time. Adoption requires the termination of the parental rights, so you would need to file a termination and adoption suit and serve each parent.... View More

1 Answer | Asked in Estate Planning for Texas on
Q: One of the beneficiaries died and did not have a will. Who does the executor need to contact to notify of inheritance?

We are at the point where probate has been done and assests are being collected. One of the beneficiares died and did not have a will, so we do not know who to contact to notify of where we are in the process and what the inheritance contains.

Scott D Reiner
Scott D Reiner
answered on Jun 8, 2022

Was there an heirship proceeding or estate opened for the beneficiary who passed? Their estate representative may be the one to contact. Texas law also provides that if the devisee is a descendant of the testator or testator's parents then the gift goes to their heirs.

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