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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 41603
Experience:  Texas lawyer for 30 years in Estate law
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My (ex-husband) children's Dad past away Aug 2016. He lived

Customer Question

My (ex-husband) children's Dad past away Aug 2016. He lived in TX. He and his girlfriend lived together for 19 years. They never filed for common-law-marriage. He had two insurance policies and did not leave a will or beneficiary. She probated the policies. Now, she is trying to get signatures to have common law marriage between her and my ex-husband. From my knowledge wouldn't that entitle her to the two insurance policies, his retirement, social security and any benefits that a widow would receive. I know for a fact that he did not want to marry her because she asked him and he turned her down. My main concern is where would that place my children as far as receiving any of the monies from the policies/
Submitted: 10 months ago.
Category: Estate Law
Expert:  RayAnswers replied 10 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  RayAnswers replied 10 months ago.

You need a local probate lawyer where probate was filed.Your children would be the heirs to all of this if common law marriage is denied here.She has burden to prove it, your lawyer would argue otherwise.Your children are the sole heirs here if marriage cannot be proven here in Texas.

Customer: replied 10 months ago.
Thank you.
Expert:  RayAnswers replied 10 months ago.

http://www.frieslandlaw.com/Docs/EP9.pdf

Laws of intestacy, you are welcome.

If you can 5 star rate it is much appreciated

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