Widows Allowance

[texaswest]

What is Widows Allowance and how does it work in Texas? Thanks in Advance

 

[dee_dub]

Texas' Probate Code, Chapter VIII (Proceedings During Administration), s.286 (Allowance to Surviving Spouse and Children). It's an amount the court may in its discretion set to be paid for the support of a surviving spouse, sufficient to maintain them for one year following the death. The spouse can bring an application before the estate has been inventoried and claims against it have been approved, or the court may do it on its own afterward.

 

[texaswest]

Does this come out of community property or seperate property. And is it done at the probate hearing or when. Thanks

 

[dee_dub]

It comes out of the deceased person's estate. What's in the estate?

 

[texaswest]

He had some life insurance, a business that he had before he married her and some stock he inhereated from his mom. A house they had together and she is getting his SS check.

 

[dee_dub]

I'm not a Texas estates lawyer, so I don't know what it gets paid out of. Whatever goes into his estate, I think that's where the widow's allowance comes from. As for when - it can happen either by application of the surviving spouse before the inventory, appraisement, and list of claims have been approved, or by motion of the court after approval.

 

[texaswest]

Do they give up there right to what they received from the will?

 

[dee_dub]

I don't believe so - the spousal allowance as I understand it is supposed to be interim support until they receive their inheritance (or in case the will doesn't adequately provide for them). Check with a local lawyer to be sure.