Legal Question in Wills and Trusts in Texas
Home being Occupied
In a will at question the person left a will stating that the person was being left the home she was occupying at time of her death. At that time she had been traveling back and forth between a home in one town and back to another home in another town. So, she occupied both homes because she stayed at each home every other month. The person had told us that she was leaving both homes to us and in the will it was stated as home she was occupying at the time of her death. In my case, I believe she occupied both homes. The rest of the estate is going to charity and we would like to know how this case would be decided. Does the person receive both homes or only one? And, what if she had been in a hospital when she passed, would the person not receive either home?
1 Answer from Attorneys
Re: Home being Occupied
Sounds like you have a good argument for both homes, but it is not the black and white answer you are looking for. You may have to request an answer from the probate court; particularly if the charities want one of the houses also. You should get a lawyer if this issue is important to you.