Q: If i am legally still married and he died. Then shouldn't his estate go to his spouse ?
His brother said he was left everything. Shouldn't i have more rights than him ?
A: It depends if your spouse had a valid Will. If he did not, his estate would pass through the intestacy laws of Texas, and that doesn't necessarily mean the surviving spouse would get everything. The type of property (community or separate and real or personal) would dictate who inherits. I would recommend contacting a probate attorney for a consultation.
Steven J. Fromm agrees with this answer
A:
If there was a Will, everything passes according to the Will.
If there was a no Will, everything passes to the spouse unless there were children from another relationship.
A: In most states, surviving spouses cannot be totally written out their spouses wills. For example, surviving spouses in PA have a right to claim a certain percentage of a spouses estate, even if the will provides for nothing. You would be well served to talk with a Texas estate planning attorney about this situation to ascertain your rights under Texas law.
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