QUESTION
Can partition be forced when life estate is only in 1/2 of homestead
Asked on Mar 25th, 2015 on Estate Litigation - Texas
More details to this question:
legal heirs (children) own by probated will mothers half of homestead, father remarried and in will at his death left a life interest to second wife in his 1/2 of homestead. Can heirs force partition? At sale, does life tenant get interest on invested proceeds of 1/2 of sale for her life? is there a court case in Tx supporting this?
1 ANSWER
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It sounds as though you are mixing concepts. An attorney would need to review the probate of your mother's estate and the probate of your father's estate. If the second wife lived in the house (homestead), then she probably has a life estate in that house. I doubt she will be forced out in that situation. For more information, you would need to contact an attorney.
Answered on Mar 26th, 2015 at 7:40 AM