Texas is one of few states which recognizes common law marriage. This is important as, during an intestate probate, common law spouses may have rights of inheritance. The requirements for a relationship to be an actual common law marriage, however, are quite specific but subject to many means of proof. If a loved one has died without a will, and they were part of a legitimate common law marriage, then it is an issue which must be resolved by a Texas Probate Court. Our Dallas attorneys assist with such situations. Call today to speak with a lawyer. Our attorneys service Dallas, Plano, Frisco, McKinney, Denton, Fort Worth, Garland, Irving, Austin, Houston, San Antonio, Nacogdoches, Lufkin, and Center, Texas.
Legal representation for common law spouses during Texas’ intestate probate process
Girlfriends or boyfriends do not inherit during an intestate probate in the state of Texas. Our state, however, is one of a few which recognizes common law marriages. A common law spouse will often have inheritance rights and whether one qualifies as a common law spouse will need to be made as part of the heirship determination process. One is a common law spouse in Texas if:
- The man and the woman agreed to be married
- The couple lived together in Texas as husband and wife
- The couple represented to others that they are married
If these requirements are not met then one will not be considered a common law spouse and will likely have no right to inherit in a probate that has no will; in a matter which has a will then inheritance is generally determined solely by the will. A number of avenues exist to prove common law marriage. Frequently couples in Texas are common law married and do not even realize that they are. If you are involved in a probate, and believe there are common law spouse issues, then contact an attorney immediately.
Our Dallas lawyers have handled many Texas residents who have a probate claim as a common law spouse. At the initial consultation we will begin the process of determining whether, in fact, one may qualify as a common law spouse. It is common for people to think that they do not qualify for this designation when in fact the requirements are met. Assuming the requirements are met then we can fight to include the spouse in the probate. We will help to ensure that the matter proceeds as smoothly as possible so that the case can be concluded, and the heirs can receive their inheritance, as quickly as possible. Our attorneys are ready to assist you.
Dallas lawyers assisting against wrongful probate claims of one asserting themselves as a common law spouse
People frequently claim the rights of a common law spouse during a Texas probate even though they do not meet the criteria discussed above. In such a situation it is important that you have a probate litigation lawyer familiar with this area of the law. Our attorneys devote a substantial part of their practice to probate. We are able to assist personal representatives of the estate who are dealing with a girlfriend or boyfriend who is trying to obtain legal protections they do not deserve. At the Johnson Firm we focus on the business of probate so that you may focus on your future.
Contact our Dallas lawyers today to schedule an initial consultation.