Legal Question in Wills and Trusts in Texas

My husband hasn't updated his will since we've been married. If he were to die, would I be entitled to anything as his wife - like our home? He has 3 grown children and has his brother as the Executor on his current will.


Asked on 1/19/10, 3:19 pm

2 Answers from Attorneys

Cheryl Rivera Smith The Smith Law Firm

You would be entitled to a life estate in the homestead and some cash. The remainder of all real and his personal property, as well as his share of the community property would go to his children.

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Answered on 1/24/10, 3:57 pm
Keith Engelke Law Office of S. Keith Engelke

As a surviving spouse, you would have a right to live in the homestead for your life. You may be entitled to some other allowances. However, unless he has revoked his last will, it determines how his estate is distributed.

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Answered on 1/25/10, 12:23 am


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