Legal Question in Real Estate Law in Texas
heir property
Can the second wife of a husband that moved in the house after the children were already born sell the house without the consent of the 1st wife's children if the husband is deceased. there is a will involved.
1 Answer from Attorneys
Re: heir property
What does the will provide, i.e., who was the property left to under the will? Who is the executor of the estate? How is the title to the house held? The answer to your question will depend upon these questions. If the 2nd wife is the executor of the estate, she would likely have authority to sell the house. If the husband held title to the house as his separate property, and if the house was left to the second wife under the terms of the husband's will, the house would become her property and she could dispose of it as she saw fit.