Question: Having examined the Texas statutes which regulate the formation and dissolution of marriage, I am required to examine a series ofhypotheticalsand respond to questions about
Having examined the Texas statutes which regulate the formation and dissolution of marriage, I am required to examine a series ofhypotheticalsand respond to questions about them with reference to Texas laws.
FAMILY LAW HYPOTHETICAL SCENARIOS:
- Susan and Jack married immediately following graduation from college. Throughout their lives, they jointly operated a successful business and amassed a small fortune in savings, investments and personal property. Jack died suddenly at the age of 62, leaving a will that specifically excluded his wife from inheriting his share of the assets. Instead, he bequeathed the entire share of his estate to the Church of Sciences, a small fringe religious sect which intends to continue operating the joint business with various representatives from the church. Please advise Susan of her rights, if any, under the statutes within your jurisdiction.
- Karen and John met in a "Singles Over 50" club. Both had been married previously and had lost their respective spouses to disease. Karen had inherited a sizeable fortune and John was wealthy in his own right. Each had two children by their first marriage, and each of those children had given them grandchildren. When they decided to marry, they discussed the wisdom of crafting an "antenuptial" or "prenuptial" agreement which would isolate their pre-marriage fortunes for the benefit of their own "blood" children. After their marriage, John convinced Karen to invest heavily in a speculative venture which failed. Upon Karen's death, it was learned that she had invested over $1 million while John had not put up a penny of his own funds. Karen's children, as beneficiaries of her estate, sue John on the prenuptial agreement in an effort to recapture the losses. Please advise them of their likelihood of success under the statutes in your jurisdiction. You may also refer to any relevant case law in your state.
- Bill and Erica met in law school, moved in together in 2001, had two children and practiced law for separate law firms until Bill's death in 2013. The couple had never officially "tied the knot" but they maintained a joint household account throughout their relationship and had joint ownership over two vehicles and a parcel of rental property. Their residence, however, was in Bill's name. Bill died without a will. Please review your state statute for intestate succession and determine if your state allows marriages created by common law. Once you have done that, please advise Erica on her rights and tell her whether she better get packing.
- Donna and Mike are in the process of obtaining a divorce. They have three small children under the age of nine. Both parents have been active in their children's lives, sports activities, church, and supervision. Determine whether joint custody arrangements are allowed in your jurisdiction and, if so, what is the process for determining the terms of the joint custody agreement?
When citing State of Texas laws, statutes or case law, I am required to provide accurate and appropriate citation information as a part of my answer to the questions above.
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