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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 22210
Experience:  General practice of law with emphasis in family law.
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My nephew died and left a wife and four young children. Can

Resolved Question:

My nephew died and left a wife and four young children. Can I marry his widowed wife?
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.
Hi

How is your nephew related to you - is his Mother your sister?

Also what state would this be, please?
Customer: replied 1 year ago.
My nephew is my sister's son. My wife also died a year ago. I live in Houston, Texas.
Customer: replied 1 year ago.
My nephew is my sister's son. My wife too also passed away. I live in Houston, Texas.Thank you.
Expert:  Samuel II replied 1 year ago.
Hi

Thank you.

Below is the Texas Penal Code regarding "incest" Based on the Penal Code, it would not be illegal for you to marry the widow of your Nephew because there is no blood relation.

Sec. 25.02. PROHIBITED SEXUAL CONDUCT. (a) A person commits an offense if the person engages in sexual intercourse or deviate sexual intercourse with another person the actor knows to be, without regard to legitimacy:

(1) the actor's ancestor or descendant by blood or adoption;

(2) the actor's current or former stepchild or stepparent;

(3) the actor's parent's brother or sister of the whole or half blood;

(4) the actor's brother or sister of the whole or half blood or by adoption;

(5) the children of the actor's brother or sister of the whole or half blood or by adoption; or

(6) the son or daughter of the actor's aunt or uncle of the whole or half blood or by adoption.

(b) For purposes of this section:

(1) "Deviate sexual intercourse" means any contact between the genitals of one person and the mouth or anus of another person with intent to arouse or gratify the sexual desire of any person.

(2) "Sexual intercourse" means any penetration of the female sex organ by the male sex organ.

(c) An offense under this section is a felony of the third degree, unless the offense is committed under Subsection (a)(1), in which event the offense is a felony of the second degree.

Customer: replied 1 year ago.
Do you mean that I can marry her legally?Please answer, 'yes you can or no you cannot.' Thank you.
Expert:  Samuel II replied 1 year ago.
Hi

Yes, you can legally marry her.

Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 22210
Experience: General practice of law with emphasis in family law.
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