Legal Question in Wills and Trusts in Texas

Under the law, title to probate assets vests at the time of death. Hence since the husband was alive when your mom died, he took ownership of his share which goes to his estate. If he left a will, it would govern the distribution of his share. If there were no will, his share of your mothers estate go to his children

I agree, unless she left a will and the will states differently. if a will is involved you should consult an attorney.