Probates after Re-marriage

May 28

The death of a spouse is a very traumatic and saddening life event. Unfortunately, it also leaves the surviving spouse with many legal procedures to go through. This distressing process can add to the confusion if the deceased spouse was an ex who remarried.

When a married couple buys a property together, both own 50% of the property unless otherwise stated. Thus, even if the couple gets divorced, they both still own the property. Both partners are also liable for any injuries that happen on the property (read more about Houston premises liability here).

In some states, both formal and informal marriages are recognized. The legal elements of a common law marriage include the following: a man and woman agree to marry, live together and tell others they are married. These elements are confirmed through tax returns and witnesses to the marriage.

Unfortunately, unless the deceased spouse has explicitly re-written his or her will, their first spouse will receive the property as outlined in the document. This is why it is important to rewrite one’s will if after remarrying, divorce, or the death of a spouse.

If your spouse has passed away or you wish to revise your current will, the services of an estate attorney can help make the process more manageable. Their work can also be incredibly useful in making sure any possible mistakes are minimized or eliminated entirely.

2 comments

  1. Law is always so puzzling to me, thanks for making sense of it.

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