Legal Question in Family Law in Texas

Remarriage Rights

I am in a second marriage. My husband's first wife is deceased. We each have two adult children. We are living in the home he and his first wife built.

If he were to die, what would my rights be as far as property, life insurance, retirement, etc. What becomes of the wills we each had written in our previous marriages?

What should I do in order to make sure I am protected?

Please give me as much advice in this whole area as you can.

Thank you.


Asked on 2/01/06, 11:18 am

1 Answer from Attorneys

TC Langford Langford Law Office

Re: Remarriage Rights

First of all, you may want to re-post this question to the category of Wills and Estates. This forum might be more appropriate if you were asking what would happen if you divorced this man. The house you are living in is his separate property. The only rights you have to the house may be a reimbursement claim if you can prove your substantial improvements from the community estate, or your separate estate. I do not recall much estate law, but I think you will only have a life estate to the house if he dies. Everything else will be distributed according to the valid will existing at the time of his death. Life insurance is not part of the estate, and is paid to whomever he has designated as the beneficiary. This is very sketchy information for a complicated situation. You really should resolve this matter with an estates lawyer. TCL

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Answered on 2/01/06, 11:52 am


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