Glen Rose, TX asked in Family Law and Probate for Texas

Q: I'm common law my late husband left me a 1/3 and put me as companion

I lived with my common law husband for 15 years. We had planned on getting married. When he gave me my ring we decided that was our wedding day. He made his will 2013 and listed me as companion. He left me 1/3 and his two sons a 1/3. They had quit talking to him or coming to see him until he would go in to the hospital and they would be there like a couple of vultures. Now I have to pay them for their part of everything my home, my vehicles, the stuff in my home,everything. I am listed as wife on the death certificate and the plot. And in the dictionary the meaning for spouse is companion. The probate lawyer I talked to said I would need something after 2013 saying I was his wife. He also signed a paper saying I was his wife after he got out of the hospital. It wasn't notorized but there was several people that saw him do it. I can't afford to pay a lawyer if I'm just going to get my 1/3 anyway. Your thoughts? Thank you so much.

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1 Lawyer Answer
Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
Answered
  • Probate Lawyer
  • Austin, TX
  • Licensed in Texas

A: Any beneficiary can submit the Will for probate: it need not be you. You may want to line up the people who witnessed the signature to testify in court. If you are the surviving spouse, you have a right to live in the home as long as you live even though others may also have a right to the sale proeeds.

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