Dallas, TX asked in Divorce, Estate Planning and Probate for Texas

Q: Is there a way to fight a husband that hasn't been seen in 20+yrs from getting his Legally married deceased wifes money

My mother in law has worked for 25+ years and has raised their 4 children by herself. The father walked out and hasn't been seen since they were kids. Never paid child support. She was killed and her retirement goes to the father cause they were still legally married. She tried to divorce him when the kids were small but he never showed up to court. Always filed seperate in everything. Left her oldest son as beneficiary. But the retirement, they are saying goes to husband since they were still legally married. Is there a way to fight him where he doesn't get a dime of her money? In October 2020 she along with the daughter were killed. They had to get him to release the bodies to us , due to legally being married , but he signed his rights over to us to take care of the funeral arrangements. Never saw him. But now that there's money involved he thinks he deserves that retirement.

1 Lawyer Answer

A: A question like this cannot be answered on a forum like this because it is so fact specific. You need to consult with an experienced Probate lawyer.

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