QUESTION
Will a prenup help me to kick out future step parent from my parents house?We have a Will that leaves all to me and my brother.
Asked on Apr 22nd, 2021 on Estate Planning - Texas
More details to this question:
Need to know if prenup can have clause that says a new spouse has to be out of thier house in X amount of days. My parents have a Will in place that says my brother and I will inherit all. My mother passed this last year. My fathers new girlfriend has moved in. What happens if my father remarries? Will new wife get part of inheritance? Can we evict her from home?
1 ANSWER
2 Awards
In Texas a surviving spouse has a lifetime right of occupancy in the home. Your father's Will may or may not say that he contracted with your mother not to revoke the Will in order to provide for her and for children of their marriage. If it does not, he could Will the home to his new spouse. You are correct that she could give up her right to a community property interest in the home in a valid prenup (or a valid Marital Property Agreement). She would still have a lifetime right of occupancy and, if she paid on the mortgage or made other financial contributions, a right to be reimbursed for them.
Answered on Apr 23rd, 2021 at 5:37 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.