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AV Preeminent Peer Rated Attorneys
Spring Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Spring Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
  • 2203 Timberloch Pl., Ste. 100, Spring, TX 77380-1103

  • 17431 Borough Ln., Spring, TX 77379-6247

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  • 16000 Stuebner Airline Rd., Spring, TX 77379-7363

  • 3443 Blue Cypress, Spring, TX 77388-5808

  • 6103 Oak Crest Ct., Spring, TX 77379

  • Spring, TX 77391-1151

  • 6614 Barronton Dr., Ste. 100, Spring, TX 77389

  • 18222 Memorial Estates Dr., Spring, TX 77379

  • 323 Bickett Ln., Spring, TX 77373-5644

  • P.O. Box 132062, Spring, TX 77393

  • 21619 N. Tangle Creek Ln., Spring, TX 77388-4048

  • 5 Ruffin Ln., Spring, TX 77380-3938

  • 2211 Rayford Rd., Ste. 111-214, Spring, TX 77386

  • 23221 Aldine Westfield Rd., Ste. 748, Spring, TX 77373

  • 16000 Stuebner Airline, Ste. 200, Spring, TX 77379

  • Spring, TX 77837-9238

  • 10200 Grogans Mill Road, Spring, TX 77380

  • 17447 Kuykendahl Rd., Suite 200, Spring, TX 77379-8300

  • 5519 Louetta Rd., Ste. B, Spring, TX 77379

  • 3627 Coltwood Dr., Spring, TX 77388-5016

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Commonly Asked Estate Planning Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

How much of her husband's estate and assets is a wife legally due when she dies?

Robert Neil Newton
Answered by attorney Robert Neil Newton (Unclaimed Profile)
Estate Planning lawyer at The Law Office of Robert Newton, P.C.
The signer of a will can only bequeath property that is owned by her at the time of death. They cannot transfer property of another. With that being said, there could be some contractual situations that arise, but that does not appear to be what you are describing.
The signer of a will can only bequeath property that is owned by her at the time of death. They cannot transfer property of another. With that being said, there could be some contractual situations that arise, but that does not appear to be what you are describing.
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Don't I have the right to know about my children's trust fund?

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Answered by attorney Isaac David Shutt (Unclaimed Profile)
Estate Planning lawyer at Shutt Law Firm, PLLC
I don't think there's a cut-and-dry answer to your question, especially without more information. As the mother of his children, it's saddening that he is being secretive with regard to the trust. If the children are minors, as their legal guardian, you may be able to demand an accounting of the trust on your children's behalf. However, some trusts are written in such a way that the trustee does not have to provide an accounting at the beneficiaries' request. It just depends on the wording of the trust. I think you'll have a particularly difficult time if the trust is a Revocable Trust. If you think action needs to be taken to protect the rights of the children under the trust, then you should contact an attorney in your area to see if you can get some movement.
I don't think there's a cut-and-dry answer to your question, especially without more information. As the mother of his children, it's saddening that he is being secretive with regard to the trust. If the children are minors, as their legal guardian, you may be able to demand an accounting of the trust on your children's behalf. However, some trusts are written in such a way that the trustee does not have to provide an accounting at the beneficiaries' request. It just depends on the wording of the trust. I think you'll have a particularly difficult time if the trust is a Revocable Trust. If you think action needs to be taken to protect the rights of the children under the trust, then you should contact an attorney in your area to see if you can get some movement.
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Can they take away what is rightfully mine just because we didn't have children together?

Answered by attorney Terry Lynn Garrett
Estate Planning lawyer at The Garrett Law Firm, PLLC
Whether or not you had children together is irrelevant.  Whether he had a child with someone else affects how his separate real property, if any, passes under the Texas laws of descent (real estate) and distribution (personal property). Pensions, 401(k)s and IRAs pass to the designated beneficiaries.  If you are named as the beneficiary, they pass to you.  If no beneficiary is named, pensions pass according to the rules of the pension plan, 401(k)s pass to the surviving spouse and IRAs pass to the estate.  Since IRAs are usually created with community assets, they are usually viewed as community property.  The surviving spouse retains her 50% community property interest.  The deceased spouse's community property interest passes according to his Will or, if there is none, according to the Texas laws of descent and distribution. In Texas, even if the home was separate property, purchased before the marriage and paid for with separate funds, the surviving spouse has a right to live in it for life. Please see a local probate attorney about probating (proving) your husband's estate.                
Whether or not you had children together is irrelevant.  Whether he had a child with someone else affects how his separate real property, if any, passes under the Texas laws of descent (real estate) and distribution (personal property). Pensions, 401(k)s and IRAs pass to the designated beneficiaries.  If you are named as the beneficiary, they pass to you.  If no beneficiary is named, pensions pass according to the rules of the pension plan, 401(k)s pass to the surviving spouse and IRAs pass to the estate.  Since IRAs are usually created with community assets, they are usually viewed as community property.  The surviving spouse retains her 50% community property interest.  The deceased spouse's community property interest passes according to his Will or, if there is none, according to the Texas laws of descent and distribution. In Texas, even if the home was separate property, purchased before the marriage and paid for with separate funds, the surviving spouse has a right to live in it for life. Please see a local probate attorney about probating (proving) your husband's estate.                
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