Schwertner, TX Estate Planning Law Firms & Lawyers

You may file a creditor's claim in his estate. The estate can then either accept or reject the claim. If rejected, you would need to initiate litigation to have your claim reviewed or file in the probate court for a determination if that is an available option.

Whether or not you had children together is irrelevant.  Whether he had a child with someone else affects how his separate real property, if any, passes under the Texas laws of descent (real estate) and distribution (personal property). Pensions, 401(k)s and IRAs pass to the designated beneficiaries.  If you are named as the beneficiary, they pass to you.  If no beneficiary is named, pensions pass according to the rules of the pension plan, 401(k)s pass to the surviving spouse and IRAs pass to the estate.  Since IRAs are usually created with community assets, they are usually viewed as community property.  The surviving spouse retains her 50% community property interest.  The deceased spouse's community property interest passes according to his Will or, if there is none, according to the Texas laws of descent and distribution. In Texas, even if the home was separate property, purchased before the marriage and paid for with separate funds, the surviving spouse has a right to live in it for life. Please see a local probate attorney about probating (proving) your husband's estate.                

It depends. Has this gone through probate and been distributed to the heirs, already? Or is the property still in the estate? If it is in the estate, then the Personal Representative can sell without getting ANYONE else's consent.