Forney, TX asked in Estate Planning and Probate for Texas

Q: I'm the executor on my dad's will. When he passes, will his female "roommate" have any rights? She's not in the will.

I know she will refuse to leave my dad's home/property. She will probably change the locks and call the police if my sister and I show up. They are not legally married and neither represent themselves as such, although I'm sure there is a physical relationship. She does have a separate bedroom. She's been in/out of his home for many years. My dad explained that he was "just trying to help her out" since she was unemployed and broke. She receives mail there but there is no rental agreement and she does not pay any bills. They do not share finances or have any type of accounts, loans, contracts, etc. together. She is 20 years younger than my dad. My dad paid an attorney to devise his will years before he met her. Everything is to be split 50/50 between my sister and I. Does common law marriage exist in TX?

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1 Lawyer Answer
Robert W. Leonard Jr.
Robert W. Leonard Jr.
  • Estate Planning Lawyer
  • Fort Worth, TX
  • Licensed in Texas

A: First: Common Law marriage exists in Texas. There are specific ways to prove it. However, even if they were legally married, common law or normal marriage, all of the assets and property are distributed according to the valid Will.

Second: If there is a vailid Will, the Executor manages the estate and distributes the property according to the terms of the Will. If your father does not change his Will, and you are the Executor, you will contact an attorney to file the appropriate documents to probate the Will. He has the option to change his will at any time as long as he has capacity to do so.

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