How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask LawTalk Your Own Question
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37855
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
Type Your Family Law Question Here...
LawTalk is online now
A new question is answered every 9 seconds

I need a Texas Divorce lawyer. Husband has divorce wife of

Customer Question

I need a Texas Divorce lawyer.
Husband has divorce wife of 47 years in texas with community property law. Husband gave half of everything to wife. Husband and wife continue to own the real estate jointly and in divorce decree - whichever spouse dies first - the other receives the real estate and then upon death of that ex spouse - it goes to the 3 children. Both have also written wills leaving Real Estate to children.
Husband also receives $ 8,000 a month retirement from former company and now ex wife receives half of that.
question - if husband marries new wife - what does she receive if husband dies?
Does that $ 4,000 a month of retirement benefit still go to first wife?
Does that 50% of the Real Estate still go to first wife?
Does the state where husband and new wife get married - affect future finances?
thank you
Submitted: 2 years ago.
Category: Family Law
Expert:  LawTalk replied 2 years ago.
Good afternoon,
I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. I have been a practicing attorney for more than 3 decades and handle family law.
You asked: "question - if husband marries new wife - what does she receive if husband dies?"
The new wife would not receive any of the pension money if he dies. She would be entitled to only 50% of the assets that he and the new wife were to accumulate during their marriage.
Whether the ex who is presently getting half the pension would continue to get anything depends on whether he took the pension waiving any beneficiary (which makes his benefit more each month) or whether he named his then wife (the now ex) as a beneficiary.
If he waived the beneficiary part of the pension package then when he dies, the pension stops entirely and the payments to the ex-wife would cease as well.
If she IS a beneficiary, she will be entitled to the beneficiary benefit on his death. Again the new wife would get nothing.
As for the real estate, the decree holds that on the death of the one of them, the real estate goes to the survivor. So if he dies, the real estate goes to the Ex, and not to the new wife (new widow).
The place of marriage does not affect finances. Only the state of death or the state of divorce. However, the state of death or divorce will have no effect on the rights of the first ex-wife to the real estate or to the beneficiary benefits of the pension. Those remain her regardless of what state the ex-husband may die in or get divorced in.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Please remember to rate my service to you so that I can be compensated for helping you.
I wish you and yours the best in 2015,