Legal Question in Wills and Trusts in Texas

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!