Legal Question in Wills and Trusts in Texas

My husand purchased a home prior to our marriage - this is our homestead. After we married, all 3 of his teenage children were persuaded by their Mother to stop having a relationship with their father because of his decision to remarry. They have been estranged for 11 yrs. now and we are creating a will. We want to make sure that his children have no way of making me move out of the home or are entitled to a percentage of ownership of the home if he passes away. Should he specifically state in his will that he gives ownership of our home to me as well as any other belongings?


Asked on 3/01/10, 10:11 am

1 Answer from Attorneys
Donald McLeaish McLeaish&Associates;, P.C.

Call us or any competent lawyer to prepare a will or trust and resolve those issues. But the house is his separate property and payments for it/improvement may make it partly community. However, upon death, the survivor has a life estate in homestead. Hence, rather than prepare an inexpensive handwritten or form will..contact a lawyer..as the cost is much less than the cost of probate and ensuing will contests.

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Answered on 3/06/10, 10:21 am


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