Boise, ID asked in Probate for Texas

Q: Proving marital fraud

My ex-son-in-law recently passed away. He was single and represented himself as single. He was engaged, to be married late 2018. On the night of his death and not a minute before, his fiancee changed her name on Facebook to his last name and stated they were married. His daughters say that's a lie and they were very close to him. She lied to the funeral director that they were married so that she could take the burial flag (Marine) that my granddaughters should have gotten as his next of kin. Now she is after any and all military benefits based on a lie. There is no record of their marriage in their county of residence, nor the county where he was hospitalized for 3 months in critical care ICU, unable to leave the hospital. How do I prove fraud and who do I report it to? Based on this fraudulent marriage, can she take all his belongings, which she is already doing? If not, can my granddaughters get back everything that was taken?

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

A: Hire a local probate lawyer to file an Application for Determination of Heirship and Letters of Independent Administration. She will have to prove that HE intended to be married and that HE held out to others that they were.

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