Legal Question in Real Estate Law in Texas

Death and Property

If a spouse dies and he has kids out side of his marriage then who gets the property? If she decides to sell there house what happens?


Asked on 2/05/07, 2:31 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Death and Property

If the spouse decides to sell, she will lose the life estate in the homestead. If the house is the decedent's separate property, then proceeds go to kids outside the marriage. If it is community property, then she gets her half and the kids get his half. I am assuming there is no will.

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Answered on 2/06/07, 7:31 am


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