Legal Question in Wills and Trusts in Texas
my father died and his will left his house to the wife until she passes on. they have no children together. I am his only child. He left me 35 % of his estate. She has children, they are now living in the house and she is now in a nursing home. First question is can they now reside in the house and what do I need to do get my father's house back?
Asked on 11/28/10, 3:30 pm
1 Answer from Attorneys
You need to review your dad's will. If she has a life estate, then she has the right to occupy the house for her life. Upon her death, the house reverts to the remainderman. You have an argument that she has abandoned the life estate.
Answered on 12/03/10, 9:46 pm
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