Legal Question in Wills and Trusts in Texas
death/no will
My husbands first wife passed away (1991) with no will--name removed--He is now ill and we need to sell the house and move to smaller one--name removed--How would money be divided between him and three sons.
3 Answers from Attorneys
Re: death/no will
First, the good news. If he has no will, you will have a life estate in the homestead. If the homestead is his separate property, then the remainder (after you pass or no longer have it as a homestead) is divided among his three sons. If he has a will, then he can devise as he wishes with what is his. All of this information is assuming that the three sons are children of your husband and his late wife.
Re: death/no will
This will depend on the family makeup and when the house was originally purchased.Specifically:1. Was the first house purchased before or after the marriage to the first spouse?2. Did the first wife have any children? If so, how many, and where are they?3. Are the three sons your children?
Re: death/no will
Intestate estates can be complicated, particularly with 2nd wives and children from different marriages. The simplest answer is to suggest you and your husband make an appointment with a good Wills and Probates attorney. He or she can get the details of the 1st wife's estate, help transfer the house so it can be sold, and help you and your husband with some estate planning. Good Luck!