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