Legal Question in Real Estate Law in Texas

Re: Spouse Death With No Will

It is a little more complicated than that, but first, as a surviving spouse living in the homestead, you inherit a life estate in the house. This means you have the right to live there or rent it out and receive the income, for the rest of your life. However, you also have the responsibility to pay the taxes, insurance, and maintain the property during this time. The other heir cannot evict you to retrieve her inheritance without your consent or unless you fail to meet your obligations and she is granted a partition by the court. A life estate has a value in and of itself. In addition, you also inherit 1/2 of the fee estate and his mother inherits 1/2 of the fee estate. You may also receive off-sets for any payments made with community funds, improvements, etc. out of your mother-in-law's portion. What happens to her share after her death depends on whether or not she has a will, and, if not, if she is married at that time and, if there are any surviving children. We never know what tomorrow brings. If you do have to sell the property, it would be wise to contact an attorney to draw up a settlement agreement with your mother-in-law that establishes an agreed value to the shares. Otherwise you would need to go to court to have that decision made by a judge.