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Ely
Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 101939
Experience:  Fully licensed attorney in Texas in private practice.
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I have a question please! I was told that in Texas even if

Customer Question

I have a question please! I was told that in Texas even if there is a will before a marriage that a death if a spouse did not sign snything the spouse would get have if everything and those I. Will get the other half is this true
Submitted: 1 year ago.
Category: Estate Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Not quite. The surviving spouse can claim either (a) whatever they were left by the Will, or, (b) HALF of the community property (meaning assets earned and accrued during marriage; but not inheritances, gifts, or assets held prior to marriage by only one of the parties).

Because married couples that have lived together a long time tend to have almost everything they as communal property, this in effect allows the spouse to claim almost half of the estate (i.e. half of the communal property).

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!