Legal Question in Real Estate Law in Texas
i own, clear and free, a home that the deed has my deceased husbands name on, and i never probated the will. He died in 2006, and has two sons. I am remarried and want this husband to be able to stay in the house, should i die first, as long as he is alive. Can i just put that statement in my personal Will, and it be binding?
2 Answers from Attorneys
in my opinion it would not be binding...you have the right to stay there until death but the sons
have rights in the equity...call us if we can help
You don't own the house free and clear. You need legal help. Call a lawyer, even if it's not me.
The issue is that once four years lapsed from the date of your spouse's death, the statute of limitations lapsed on his will. Therefore, he died intestate. I don't know if the first husband's children are also your children. If not, they have rights in the house as well.
Dave
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