Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here
Legal & Legislation
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

User Stats

14
Posts
4
Votes
Hayden Thomas
4
Votes |
14
Posts

Legal question…. Could use some help

Hayden Thomas
Posted

I have a legal question for you guys. 

“To sell the land we need clarification on the Texas law.

Our Dad got remarried after our mother passed away.

Dad had a will and prenuptial agreement with the second wife.

She still survives.

The question is does she have legal claim.”

If the will states the kids are owners to the land. Does the second wife have claim?

User Stats

39
Posts
16
Votes
Michael Coco
  • Attorney
  • Princeton, NJ
16
Votes |
39
Posts
Michael Coco
  • Attorney
  • Princeton, NJ
Replied

Texas is a community property state. Depending on when the property was purchased, the second wife likely has a claim. It all depends on what that prenuptial agreement says and whether it's enforceable. You will need to consult with a Texas Estate lawyer. 

User Stats

16,712
Posts
14,230
Votes
Chris Seveney
Pro Member
#2 All Forums Contributor
  • Investor
  • Virginia
14,230
Votes |
16,712
Posts
Chris Seveney
Pro Member
#2 All Forums Contributor
  • Investor
  • Virginia
Replied

@Hayden Thomas

As mentioned there are a lot of factors that come into play in this which will not be able to be answered on BiggerPockets - best to get your attorney to review and advise

  • Chris Seveney
  • Rent To Retirement logo
    Rent To Retirement
    |
    Sponsored
    Turnkey Rentals 12+ States. SFR, MF & New Builds, High ROI! 3.99% rates, 5% down loans, below market prices across the US! Txt REI to 33777