What Is a Widow’s Right of Election in Texas?

A widow or widower’s right of election only comes into play if the deceased spouse left a will. If the decedent died without a will, or intestate, then the right of election does not apply. In those cases, the amount of the estate which goes to the surviving spouse is set by state law and varies … [Read more...]

Does a Surviving Spouse Have a Right of Election in Texas?

Under Texas’ community property rules, a spouse only has testamentary power over half of the community property assets which are subject to probate. A spouse can’t lawfully dispose of the surviving spouse’s ownership interest in community property, by will or otherwise. A surviving spouse may … [Read more...]