QUESTION
Community property with right of survivorship
Asked on Oct 28th, 2020 on Wills and Probate - Texas
More details to this question:
My wife passed away, and we have a house together as Community property in Texas. Should the house go through Probate Court? My Lawyer is telling me that her half yes. And the Judgement Declaring Heiriship from the court says It's 100% mine. Should I put the house on the estate inventory?
1 ANSWER
2 Awards
As your probate lawyer has advised you, when there is community property 50% belongs to each spouse. The Judgment Declaring Heirship declared that your wife's 50% passed to you as her heirs, meaning that the house is 100% yours. But the Inventory is of your wife's estate. Her estate included her 50% interest in the community property. That should be recorded on the Inventory.
Answered on Oct 29th, 2020 at 5:14 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.