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My daughter passed away in Texas but on my property I have…

Customer Question
My daughter passed away...

My daughter passed away in Texas but on my property I have her car in her toy hauler and she has a hummer that is at her property in Texas her new husband of three years says he's entitled to everything she ever owned. The vehicles were kept in her other married name the car was given to her through her divorce. Is he entitled to everything she owned for 44 years Yes Jen Mark

Lawyer's Assistant: What steps have you taken? Have you filed any papers in TX family court?

I'm 65 years old and I can't afford a lawyer

Lawyer's Assistant: Have you talked to a lawyer about this yet?

I have tried she kept her personal property in her other married name. But her husband is threatening to come and take everything for me I've had her toy holler here for five years and he does have the title which is registered on my property and the car is registered on my property and the hummer is registered on my property I can't afford an attorney I only have 590 a month coming in on Social Security

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I was told that Texas law gives him everything I don't believe it she kept it separate in her name of the priest not her married name as Johnson of three years

Submitted: 7 months ago.Category: Family Law
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11/11/2017
Family Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 12,330
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 7 months ago
Ok
Family Lawyer: Legal Eagle, Lawyer replied 7 months ago

I'm sorry to hear about your situation. That sounds terrible. However, I can answer your question. Okay, so generally, TX is a community property state. This means that any property obtained before a marriage or after a marrriage, is going to be considered separate property. Any property obtained during the marriage is going to be considered community property. If property from the community is used to improve or pay off the debts of separate property, the community can take some interest in the separate property, consistent with the amount of community property that was used to pay off the separate property debt or improve the separate property. For example, if the husband and wife used their community property income to pay off the loan on a separate property vehicle, then the community has an interest in the car because funds were used to pay off that loan. The only trouble here is whether a person that is married dies with a will or without a will. If they die without a will, and no children, then their spouse gets everything.

In your case, if your daughter had a vehicle that she had before marriage, the husband is not automatically entitled to it; however, that's only if there was a will. If there was a will, then the property will likely go elsewhere. However, if there was no will, then the husband will be able to take title, even if she had the property before she got married.

Did you have any other questions for me?

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Customer reply replied 7 months ago
They had no children during your three year marriage. So he can come and take everything off of my property in Utah that has her other name on it she kept it separate. It does not matter what name it's in as long as he's married to her?
Family Lawyer: Legal Eagle, Lawyer replied 7 months ago

Did she die with a will?

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Customer reply replied 7 months ago
No she had no will
Family Lawyer: Legal Eagle, Lawyer replied 7 months ago

I'm sorry, but if that's the case, then he'll be able to get the property. I'm very sorry about that.

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Customer reply replied 7 months ago
I really don't think that he should be entitled to 41 years of her 44 years of life. Something seriously wrong with that you just of system. Especially when there's been no children involved in the last three years. In my title to entitled to charge storage question
Family Lawyer: Legal Eagle, Lawyer replied 7 months ago

I can certainly understand. I certainly wish it were different. But the law allows people who are married to collect the property of their deceased partner.

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