What rights does new wife have?

[idontknowit]

Texas -

My father-in-law passed away. A will was found dated 1995 which divided everything equally between his four children. However, he remarried eight months before passing. (His first wife passed away 12 years ago.) The new wife claims they were re-writing the will and has an unsigned copy which leaves everything to her.

Does the claim (presented in the unsigned new will) of the deceased intent by the new wife have any bearing?

Does re-marrying affect the existing will?

Is the new wife automatically entitled to any or part of his estate?

Is she entitled to his pension.

What action should his children take (either together or separate)?

 

[BelizeBreeze]

Texas -

My father-in-law passed away. A will was found dated 1995 which divided everything equally between his four children. However, he remarried eight months before passing. (His first wife passed away 12 years ago.) The new wife claims they were re-writing the will and has an unsigned copy which leaves everything to her.

This so-called will is invalid.

Does the claim (presented in the unsigned new will) of the deceased intent by the new wife have any bearing?

No.

Does re-marrying affect the existing will?

It can. That's a question of law for the court.

Is the new wife automatically entitled to any or part of his estate?

See above.

Is she entitled to his pension.

See above.

What action should his children take (either together or separate)?

Open Probate. File as executor.

 

[I AM ALWAYS LIABLE]

Texas -

My father-in-law passed away. A will was found dated 1995 which divided everything equally between his four children. However, he remarried eight months before passing. (His first wife passed away 12 years ago.) The new wife claims they were re-writing the will and has an unsigned copy which leaves everything to her.

Does the claim (presented in the unsigned new will) of the deceased intent by the new wife have any bearing?

MY RESPONSE: An unsigned Will doesn't mean squat. It's worthless.



Does re-marrying affect the existing will?

MY RESPONSE: Yes. Because Texas is a Community Property State, it means that the new wife is entitled to share in that Estate, to be determined by the Probate judge.



Is the new wife automatically entitled to any or part of his estate?

MY RESPONSE: Yes. See above.



Is she entitled to his pension.

MY RESPONSE: Yes. See above.



What action should his children take (either together or separate)?

MY RESPONSE: Either all, or one of you, should submit the 1995 Will into Probate.


IAAL

 

[I AM ALWAYS LIABLE]

My response:

I guess we were writing at the same time.

IAAL

 

[BelizeBreeze]

My response:

I guess we were writing at the same time.

IAAL

It is halloween....>BOOO!

 

[idontknowit]

Follow-up

Texas:

Is there a general guide line which is used for determining the percentage due each party?

The only example I can give is: When the courts were determining how much child support I was to pay, there was a guide line (and I don't know if it was law or not) which I've heard applied to more than just my own case that said the possessory conservator had to pay 20% of their net, plus insurance for one child and 25% plus insurance for two. And although the parties could agree on something different, if they did not agree, then this is what the could would mandate.

Is there a guideline for probating a will also? And what is it?

 

[BelizeBreeze]

Texas Probate Code.

 

[idontknowit]

Thanks

Thank You I found the informations @

http://www.capitol.state.tx.us/statutes/pb.toc.htm#top

in

§ 45. Community Estate

 

[nextwife]

I don't suppose Dad had a pre-nup?