Legal Question in Wills and Trusts in Texas
2nd Wife Remarries
My father passed away and left his half of the home he bought for he and his second wife (my mother had died suddenly 2 yrs. earlier) to me and my sister. The other half he left to his 2nd wife to live in until her death or until she remarried. My question is: His will was probated, and the deed has been changed, if she co-habitates or remarries, can we force her to sell her portion of the house? (Actually, Dad's wishes were for her to give us the house in this case, but she has no intention of doing so.) Thank you in advance for your answer.
2 Answers from Attorneys
Re: 2nd Wife Remarries
No, she inherited a life estate. She can do what she wants to with it until she dies. It is her responsibility to maintain it and pay the taxes.
Re: 2nd Wife Remarries
Since your father bought the house when he was married to your step-mother, the house became community property. You father had no say about his wife's undivide half interest. Moreover, that house is her homestead and Texas law will not force the sale of homestead under the circumstances you've described.
You and your sister each have an undivided 1/4 interest in the house. That will vest when either your stepmother dies or she sells the property. You might offer to let her buy you out, since you'll have to force the sale upon her death, in a suit for partition, if she doesn't sell earlier.
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