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Post-Divorce Property Rights After the Death of an Ex-Spouse: A Comprehensive Guide

This legal question related to Divorce attorneys in AustinColorado has been answered.

Location: Austin  |  Law type: Divorce attorneys

My ex-husband died area Buchanan dam, divorce was in 2009. there was no will. my email address is [email protected] I can send my divorce decree. I have the right to property acquired after marriage. please recommend me a lawyer from austin thanks

Legal Solution

The response provided below is specific to Divorce attorneys in the jurisdiction of Austin. If the response is inadequate, please submit a detailed inquiry.

Post-Divorce Property Rights After the Death of an Ex-Spouse: A Comprehensive Guide

Initial Analysis of Legal Query

Your query indicates that you were divorced in 2009 and your ex-husband recently passed away without a will. You believe you have a right to property acquired after your marriage. This is a complex issue involving aspects of both family and probate law. Laws on property division after divorce are specific to each jurisdiction, and in Texas, the situation is no exception. Also, the absence of a will complicates the distribution of assets.

Relevant Laws and Statutes

  • Texas Family Code Chapter 7: Addresses post-divorce property distribution.
  • Texas Probate Code: Addresses intestate (without a will) succession.
  • Texas State Law Library: Comprehensive source of Texas laws and regulations.

Possible Legal Solutions

  1. Validation of Divorce Decree: Ensure your divorce decree clearly outlines property distribution, including assets acquired after marriage. If the decree is ambiguous, it could be contested.
  2. Probate Proceedings: In the absence of a will, assets are usually divided according to the probate laws of Texas. If you believe you have a right to some assets, you may have to engage in probate proceedings.
  3. Legal Consultation: Given the complexities involved, consulting a probate lawyer or family lawyer is strongly advised.

Pricing for Legal Services in Austin

Service Type Average Cost ($) Complexity-based Cost ($)
Initial Consultation 250 N/A
Document Review (Divorce Decree) 500 - 1,000 Based on Document Length
Probate Proceedings 2,000 - 5,000 Based on Estate Value
Legal Representation in Court 4,000 - 8,000 Based on Case Complexity

Note: Austin has no specific limitations or caps on attorney fees, but higher complexity would naturally result in higher costs.

Further Clarifications and Next Steps

Could you specify which assets you believe you are entitled to? Understanding the nature of these assets could help in providing more accurate advice. If you believe your claim is valid, the next logical step would be to find the right lawyer.

Relevant Questions for You to Answer

  1. What specific assets are you looking to claim?
  2. Is the divorce decree explicit about post-marriage asset distribution?
  3. Have probate proceedings been initiated for the estate?

Frequently Asked Questions in This Context

What happens if my ex-spouse dies without a will?

In Texas, the absence of a will means that the estate will be distributed according to intestate succession laws, usually among surviving relatives.

Can I claim property after divorce if my spouse dies?

This depends on what your divorce decree states and the probate laws in your jurisdiction. Often, ex-spouses have no automatic rights to property after the other's death unless stipulated in the divorce agreement.

What role does a probate lawyer play in this situation?

A probate lawyer can help navigate the legal complexities involved in claiming assets from an estate, particularly if there's no will.

How much will this legal process cost?

Costs vary depending on the complexity of the case and the lawyer’s fees. Refer to the table above for a pricing overview in the Austin area.

How do I start the legal process?

The first step is usually to consult with a family lawyer or a probate lawyer to review your divorce decree and assess your entitlements. You can compare lawyers in your area to find the most suitable one.


This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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Legal question "Post-Divorce Property Rights After the Death of an Ex-Spouse: A Comprehensive Guide" has been changed 9 months 2 weeks ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Austin & area of law: Divorce attorneys.
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