Surviving Spouse Estate Rights

Summary

In Texas, surviving spouses may have rights to a deceased spouses estate, but legal standing is necessary to act on behalf of the estate. You may need to be appointed as the estate representative to continue legal actions. Ensure your motion for substitution is properly filed and followed up with the court. Consulting a local attorney can help navigate the process and advocate for your rights.

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MY HUSBAND WAS AN HEIR TO HIS DECEASED MOTHERS ESTATE. MY HUSBAND RECENTLY PASSED AWAY. I'VE BEEN SUBMITTING FILINGS ON BEHALF OF MY OWN INTEREST AS THE SURVING SPOUSE. I FILED FOR A FA, REQUESTED AN EMERGENCY HEARING, AND ALSO FILED AN EMERGENCY MOTION REGARDING FUNDS FROM HIS SHATE, THAT WAS TRANSFERRED TO THE OAG. I GOT AN EMAIL TODAY SAYING I CANT DO THAT AND I HAVE NO STANDING. ON JULY *, I FILED A MOTION FOR SUBS OF PATY THAT STILL HASNT BEEN SIGMED. IM DISABLED, WITH NO INCOME COMING IN RIGHT NOW AND FACING SEVERE HARDSHIP. DONT I HAVERIGHTS AS AN INTERESTED PERSON ??
I'm sorry to hear about your situation. In Texas, the rights of a surviving spouse in an estate can be complex. Generally, a surviving spouse may have rights to community property and a share of the deceased spouse’s estate. It’s important to determine if your husband had a will and if you are named in it.
- Standing: You may need to be appointed as the representative of your husband's estate to continue legal actions.
- Filing for Substitution: It's crucial to ensure the motion is properly filed and followed up with the court.
Would you like assistance in connecting with a local attorney who can provide more specific guidance?
DONT I HAVE RIGHTS AS A INTERESTED PERSON? I FILED A MOTION FOR SUBS OF PARTY BUT THE JUSGE HASNT SIGNED IT YET..AND ITS BEEN ALMOST * WEEKS ?? IM BEING BLOCKED FROM FILING A FA FROM HIS SHARE???
I'm sorry to hear about your situation. As a surviving spouse in Texas, you may have rights in your husband's estate, but legal standing is necessary to act on behalf of the estate. It may be beneficial to consult with a local attorney to help navigate the process and advocate for your rights. Would you like assistance in connecting with a local attorney?
IM ACTING ON MY OWN INTERESTS ???
It sounds like you're trying to navigate a challenging situation. In Texas, as a surviving spouse, you may have rights, but legal standing can be complex. To act on behalf of your husband's estate, you might need to be officially appointed by the court. Have you considered seeking assistance from a local attorney to ensure your rights are protected?