QUESTION
If my husband died and left his house to his kids in a will, am I still entitled to half ownership of the house?
Asked on Dec 24th, 2014 on Estate Planning - Texas
2 ANSWERS
Probate Attorney serving Friendswood, TX
at
Law Office of Melissa A. Botting
Update Your Profile
It depends on whether or not the house was separate property. He was entitled to bequeath his property to whomever he wanted. His will can only transfer his property. So, if the house was community property, he could not bequeath your half to anyone.
Answered on Dec 29th, 2014 at 4:38 PM
2 Awards
It depends on a few things. Were you on title to the house? Did you buy the house during the marriage? If you have a community property interest in the house, he can't give it away. Also, if it's your homestead, you may still have occupancy rights to the house.
Answered on Dec 29th, 2014 at 4:38 PM