Legal Question in Wills and Trusts in Texas

if no children of either from previous marriage, house goes to survivor...but if children, 50/50 and survivor has life estate, ie right to live until death...best to get a willl to avoid problemse..

It is impossible to answer this question with the information provided. GENERALLY, if the deceased spouse had children that are not the children of the surviving spouse (whether from a previous marriage or not) then the children inherit the property. If there are no children that are not the children of the deceased, then the surviving spouse inherits the community property. BUT you need to know whether the house is really community property; there are several ways that it is possible in Texas to obtain property during the marriage that is still separate property. Also, even if the property is community, there might be other obligations relating to the property. You should discuss this with a qualified attorney to make sure that you get a full answer.