Legal Question in Wills and Trusts in Texas

You are talking about two things. The loan is a contract to pay for the house that you and now his estate are responsible for. Chances are the loan documents make your responsible for his share of the payments.

The ownership of the house is determined by the deed from the seller to you and your husband.

If you do not probate the will, the ownership to has half of the house, (assuming is was purchased while you were married to him) will be determined under the Texas Law of Intestacy. If I am not mistaken, under this law, his children from a previous marriage would have an interest in his community half of the house.

To show the ownership of the house, there needs to be a court order either determining his heirs or admitting the will to probate.

Suggest you retain an probate attorney.

In Texas, you have four years from the date of death to probate a will. With that said, if your husband's will is valid (you will need a lawyer to take a look at it to make that determination), then you should be able to offer it as a muniment of title. If the will is not vaild, then it would be as though your husband died without a will and everything would depend on whether the property is separate or community property. Contact a lawyer locally for some direct advice.