I am not a property or wills and estates lawyer, so DO NOT USE THIS NEXT ENTRY AS LEGAL ADVICE. This is meant to be a very strongly worded head's up that you need to go see a lawyer to get a will made if you haven't already.
It turns out, if you die intestate (without a will) in Texas, and you are married, your spouse will have the joy of proving up in court that you don't have unknown spouses or kids (heirs) somewhere. And they'll pay for a court-appointed attorney to represent the potential unknown heirs until the judge issues a decree acknowledging your spouse and kids as your sole heirs. This involves bringing at least one witness (a lifelong friend who is not related) to court to testify, as well as producing two or three more for the appointed attorney to call and interview as part of their investigation.
If you die intestate in Texas in Travis County with kids and you're married, after going through the above exercise your spouse will also then need to continue to pay a court-appointed attorney to represent your kids' interests against your spouse because if you had any separate property in the marriage, your kids have a direct interest in that property as opposed to the marital community property. So, to dispose of any assets at all as the estate's administrator, your spouse will first have to prove up to the judge whether the asset is community property or separate property. Asset by asset. While creditors are knocking and bills need to be paid.
Why are you still reading this? Go call your lawyer.
About Me
- Liz
- Tall with too-broad shoulders, lawyer, writer and mother of two, I finally get why I was made so strong now that I have kids
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1 comments:
Oh, Liz, how my heart aches for you! I know the initial shock and pain have passed, but those little things still come along, maybe not every day, but still often enough to make you pause.
I feel you are my friend, my champion even, since I found your blog the other night when my son woke up, a week after his tonsillectomy, crying in pain. Your words comforted me, gave me guidance, helped me to realize I was not alone. Reading your post and all the comments helped alleviate my fear. Which now seems like nothing compared to what you have been going through.
I will pray for you tonight, and many nights to come. Your blog inspired me to start my own, and I came back to see what else you had to share. I am so, so sorry that you have had to endure this tragedy. Over the miles, I am wishing I could give you a hug and comfort you the way you comforted me with your words.
God bless you, my friend. I will check in again.
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