Asked in Probate for Texas

Q: Is husband required to leave something to his wife and child if he was sole provider of household? She took care of him?

House she is co owner and as for furniture he moved into her furnished home after having to file bankruptcy with his divorce in mississippi.

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2 Lawyer Answers
Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
Answered
  • Probate Lawyer
  • Austin, TX
  • Licensed in Texas

A: While former English colonies along the East Coast retain the 1/3rd widow's share if there is no Will, the general rule throughout the US (unlike Europe) is that there is no forced distribution. People can will their property however they like. In Texas, if there is no Will, Texas rules of descent and distribution govern. See the chart on the website of the Travis County Probate Court.

Tammy L. Wincott
Tammy L. Wincott
Answered
  • Probate Lawyer
  • San Antonio, TX
  • Licensed in Texas

A: A person can leave their property to whomever they choose; however, in order for that to be official a will must be admitted to probate by a Court of law, otherwise it has no power.

If there is no will or it is not valid, then Texas has rules for inheritance. As Ms. Garrett suggested, you should review the Travis County Website, it is one of the best for information.

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