Legal Question in Family Law in Texas

Re: living will property

If her sum total interest in the property was a life estate from the will of her husband, all his and her rights terminate at her death. If she has some other interest in the property, such as if it originally was the community property of a former marriage, then the new husband may have a homestead right under the Texas Constitution at least to her community portion of the property.

Section 52 - DESCENT AND DISTRIBUTION OF HOMESTEAD; RESTRICTIONS ON PARTITION

On the death of the husband or wife, or both, the homestead shall descend and vest in like manner as other real property of the deceased, and shall be governed by the same laws of descent and distribution, but it shall not be partitioned among the heirs of the deceased during the lifetime of the surviving husband or wife, or so long as the survivor may elect to use or occupy the same as a homestead, or so long as the guardian of the minor children of the deceased may be permitted, under the order of the proper court having the jurisdiction, to use and occupy the same.

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