Legal Question in Wills and Trusts in Texas

Re: Community Property

Your mother is only entitled to a life estate in the home, since the home was acquired before their marriage. This means that she owns it and must maintain it during her lifetime. She is not entitled to any appreciation, although it is possible that if there were major repairs or improvements done during the marriage, the community estate might be entitled to some reimbursement from his separate estate. This is something you need to consult with an attorney about, if you think that your mother contributed a lot of money to fix up the house, for example.

Your mother must pay the property taxes and keep the house in good condition, including maintenance and repairs. She does not necessarily need to keep it in exactly the same condition as it was when your stepfather died, but she can't let it get run-down either. Since she gets to use it now, she has a duty to keep it up and not let it deteriorate. The heirs must pay the property insurance. If there is any mortgage on the property, then your mother must pay the interest, and the heirs pay the principal.