Winifred Wini Cannon Attorney

Since Texas is a common law state, it recognizes common law marriages. The burden of proof, however, is upon the person trying to establish the common law marriage. Acceptable proofs are joint loans, leases, testimony from others that you and your partner held each other out as being married.

Making a Will is the first step towards distributing the decedent’s assets. The Will must be probated in the County where the decedent was domiciled and resided at the time of death. The Court determines whether the Will is valid, determines who will wind up the decedent’s affairs, and whether the administration will be independent or dependent.

Yes, it is possible. You would, however, have to prove that it was their intent to adopt you since they held you out to the public as their child. This is called “adoption by estoppel”. Proofs that have been held acceptable are cards signed as “Mom” or “Dad” to you, or testimony from persons who could state how you were included as family.

If you are married, then your spouse will continue to be the legal guardian of the children. In cases where paternity was not established, the alleged father would have to go to Court to establish paternity and to be afforded conservatorship (commonly referred to as custody). If your objective is to provide for a smooth transition of your minor children’s care, you should make plans to address this issue in the event of your death or incapacitation.

Whether your loved one died with a Will (testate) or without a Will (intestate), you may be able to obtain the proceeds from life insurance policy, 401K, pension, and bank account if you are designated as the beneficiary by your loved one prior to death. These assets are governed by contract law and will be turned over to the person and/or entity designated as a beneficiary. The beneficiary needs proof of death to start the out-of-court process to obtain the proceeds. If there is no designation, you must go to the Probate Court to obtain necessary paperwork to obtain the proceeds on the accounts where there was no beneficiary designation.

If you don’t have a Will, your loved ones must file legal proceedings in Probate Court to have the heirs determined and to appoint a person to administer the estate (your assets and liabilities). When you don’t have a will, your loved ones may not necessarily know the steps to take when difficulties arise such as paying taxes, mortgages and having the ability to sell and/or lease land.

If your intentions are to make sure that your assets are distributed in accordance with your desires and to the persons you intend to inherit from you, then you should have a Will drafted to have your desires legally enforced.