Legal Question in Wills and Trusts in Texas

Hello there. This is a question I have been wrestling with for several years. I am 61 and my husband is 67. He decided at 62 that he would retire and he did. With 200 a month retirement benefits and 1300 social security. This left me with no medical insurance, no life insurance .... Basically nothing . I work full time as a groomer and have fibromyalgia and arthritis and this is very hard on me. I've been told many times to leave him because he just doesn't worry about this situation and his mom has bailed him out over and over. I just hate the whole thing. I have begged to work parttime.

Here's the question: his mom is a multimillionaire. We have been married almost 40 years. His mom is 95. If I left him, would I lose any chance of part of the inheritance? I'm not a gold digger or anything like that. But I have "raised" my husband for 40 years and watched him change jobs over and over. I'm really weary. He only has one brother and I feel that I can't give up the hope of part of the inheritance but wondered if there is a law that would guarantee me some kind of retirement from the inheritance. Thank you so much for your help! His mom lives in Ohio Debbie

Asked on 4/16/13, 9:07 am

2 Answers from Attorneys

Arthur Geffen Arthur H. Geffen, P.C.

Unfortunately there is nothing that would guarantee you a part of his inheritance, unless his mother left it to you. Anything that a person receives in Texas by inheritance is that person's separate property.

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Answered on 4/16/13, 9:23 am

David Leon David L. Leon, P.C.

No. If you left him, you'd be out of luck in most cases. His mother probably has a will, and the will would control who gets her estate. If her will lists you specifically, you're in. If it doesn't list you specifically, you're out. If your husband receives an inheritance, it's his separate property, even though you've supported him all these years.

You can hope for alimony, but that's more of a question for the family law section of the board.

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Answered on 4/16/13, 2:03 pm

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