What Can I Do About Harassment From My Late Husband's Family in Texas?
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 1, 2026
Legal Inquiry
Consumer Legal Issue
My husband passed away last March, and his family and the mother of his child keep harassing me. I have questions about some of the things they have said and the actions they have taken.
His ex keeps messaging me that its my fault he passed, and just nasty things. She did show up to my house the day after the funeral and I had to call the cops. But I dont know if any of this is considered harassment. She has direct messaged me and keeps making posts about me. The only other question/concern is his mother keeps threatening to divorce me from her deceased son.
Attorney Answer
Repeated messages meant to upset you, along with an unwelcome visit to your home, can add up to harassment under Texas law, and you have concrete options beyond just enduring it.
Texas Penal Code Section 42.07 makes it a crime to intentionally contact someone repeatedly, including by phone, text, direct message, or social media post, in a way that is reasonably likely to harass, annoy, alarm, abuse, torment, or embarrass them. Blaming you for your husband's death, sending nasty messages, and posting about you can fall within that statute if it is repeated and intended to upset you, even without a direct threat. A single unannounced visit, on its own, is less clear cut, but combined with a pattern of messaging and posting, it helps show the larger picture. Reporting the pattern to police, including the day she came to your home, creates a record that matters if this continues.
If the contact keeps happening, a repeated pattern like this can rise to stalking under Texas Penal Code Section 42.072. Victims of stalking can ask for a protective order under Texas Code of Criminal Procedure Chapter 7B, which does not require you to be related to the person or living with them, so it can apply here even though this involves your late husband's family.
On the other matter, please hear this clearly: no one, including his mother, can legally divorce you from your deceased husband. Marriage ends automatically at death, there is no court process for a third party to undo that after the fact, and her statements about it have no legal effect on your status as his surviving spouse. Your rights as a surviving spouse, including anything involving his estate, are a separate matter under Texas probate law.
What you can do
1. Save every message, post, and screenshot with dates and times. 2. Keep the police report number from the day she came to your home. 3. Report new incidents to your local police department's non-emergency line as they happen. 4. Ask about a Chapter 7B protective order if the contact continues. 5. If there is an estate involved, speak with a probate attorney about your rights separately from the harassment issue.
This is general legal information, not legal advice, and a Texas attorney can advise you on your specific situation.
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Frequently Asked Questions
What counts as harassment under Texas law?
Repeated contact by phone, text, direct message, or social media that's intended to annoy, alarm, or embarrass someone can qualify, even without a direct threat. A pattern matters more than any single incident.
Can someone legally end my marriage after my husband has died?
No. Marriage automatically ends at death, and there is no legal process for anyone, including in-laws, to divorce a surviving spouse from a deceased spouse.
How do I get a protective order against my late husband's ex?
You can apply for a protective order under Texas Code of Criminal Procedure Chapter 7B, which covers stalking victims regardless of your relationship to the other person. Your local district attorney's office or a legal aid clinic can help you file.
