Legal Question in Real Estate Law in Texas
Property
My mother remarried over 10 years ago. At the time, her husband placed his home in the name of his children from a previous marriage. My mother sold her home and moved into his. Now he is dying. Does my mother have any right to continue living in the home after his death?
1 Answer from Attorneys
Re: Property
That's a tough one. Since the home does not belong to the husband, the widow's homestead right doesn't automatically attach.
Depending on the details and timing of what happened around the time of marriage, an attorney might be able to formulate some successful argument whereby she can stay there, or at least get compensated for spending her separate proceeds from the sale of her house on the community expenses.
This will be a fight that will happen right after he dies. I would recommend that she consult with an experienced probate attorney immediately, if she is concerned about it and thinks the kids will kick her out.
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