When an Uncle Marries a Niece: Can the Niece Inherit as a Surviving Spouse?

Lifetime transgressions can and do often come to a head when someone dies.  This can include a variety of family issues, including those that some may consider taboo. Take the example of where an uncle purports to marry his niece.  Texas law does not allow such a marriage, but, apparently, some jurisdictions do.  What happens…

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Contracts Entered Into by a Person Who Lacks Mental Capacity

What happens if someone enters into a contract to sell property, but there is evidence that they have some mental capacity issues?  What if the mental capacity issues are serious, like dementia, and they are so significant that they warrant the appointment of a guardian shortly after the contracts are entered into?  Are the contracts…

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Common Law Marriage & the Race to the Courthouse When the First Spouse Dies

The statistics show that fewer and fewer people are getting married.  It is much more common for those who are in a relationship to simply forego the legal or formal process to get married.  This can have a number of unforeseen consequences. Take the case of a couple who held themselves out as being married…

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