Legal Question in Wills and Trusts in Texas

girlfriend or childs rights

my daughters father was killed in a car crash, we never married,just common law 4yrs, he has no will,the girlfriend wont give us access to his estate. does she have right to ins. monies if she claims common law marrige for 2 yrs?

Asked on 5/19/04, 2:28 am

1 Answer from Attorneys

Peter Bradie Bradie, Bradie & Bradie

Re: girlfriend or childs rights

Your daughter has a claim against her father's estate, and if she's a minor, you can pursue it as her "Next Friend". See an attorney, because pursuing the claim may be expensive.

Since it's been over a year since you lived together with your ex, it's too late for you to claim common law marriage. His present girlfriend might be able to. However, that doesn't cut off your daughter's interest, which would be at least one half of the estate. If she can't prove common law, your daughter may be entitled to all of the estate, unless she has to share it with other half-siblings.

Insurance will go to the named beneficiary, without regard to marital status.

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Answered on 5/19/04, 10:46 am

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