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14
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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. 

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16,353
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Chris Seveney
Pro Member
#1 All Forums Contributor
  • Investor
  • Virginia
13,859
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16,353
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Chris Seveney
Pro Member
#1 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

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