[Paleo Conservative]

In many jurisdictions the surviving spouse gets half and the children of the decedent get the other half, if there is no will. Or, if a will is executed before marriage, the marriage supercedes the will and this rule is implemented

But in Texas, the spouse is entitled to 50% of everything accumulated during the marriage and property brought into the marriage is separate property. How do you value unrealized capital gains that existed when Marshall died? She married him just before the stock market boom, but after his death the stocks declined. I resent that the US Supreme court took this case. It was a federal bankruptcy court in California that misapplied Texas law regarding Marshall's estate. I really resent that the Bush administration filed an amicus brief in the case siding with Anna Nicole Smith.

[nickcarraway]

You are telling me that in Texas a spouse has no right to any property the other spouse had before they were married? That sounds like a horrendous law.