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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 33803
Experience:  Attorney with 15 years experience
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My son died on Dec. 20th in Texas. He never told me or s

Customer Question

My son died on Dec. 20th in Texas. He never told me or his mother he was married. A guy named Bill bought a marriage license from 2011 and said he was same sex married to my son in 2011. Does Texas recognize this as a valid marriage and does he inherit my sons estate. There are no children.
Submitted: 9 months ago.
Category: Family Law
Expert:  Barrister replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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I am very sorry to hear of your loss, please accept my condolences..

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Texas did not legally recognize same sex marriages in 2011 but has just recently agreed to do so in light of the US Supreme Court's ruling that same sex marriages are valid.

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But since they have recently changed their position, I would opine that Bill has a legal claim to son's estate as his spouse.

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These are links to a similar TX case where the same sex spouse's rights to the estate were upheld:

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http://www.huffingtonpost.com/2015/02/17/texas-gay-marriage_n_6701426.html

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http://www.advocate.com/marriage-equality/2015/9/17/texas-judge-recognizes-lesbian-common-law-marriage

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thanks

Barrister