Houston, TX asked in Estate Planning and Wrongful Death for Texas

Q: Show my common-law husband just passed away the apartments he lives at is refusing to allow us to get all his things or

We are common law married we do not have a marriage license but we have six years of tax returns where he claims me as his wife and our two children so what did Nick go to me and my children instead of allowing them to put it in Probate is it legal for them to put it in Probate instead of giving it to us

1 Lawyer Answer
Terry Lynn Garrett
Terry Lynn Garrett
  • Estate Planning Lawyer
  • Austin, TX
  • Licensed in Texas

A: If this is an heirship proceeding (meaning there was no Will), you can contest it. You will have to prove your marriage.

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