Legal Question in Wills and Trusts in Texas

A man and wife marrried 25 plus years and payed full for their home, they have three children. The man's wife dies and he remarries. Eight months into the marriage the man dies without a will. Can the children of the man call for the removal of the second wife? Nothing is in probate.


Asked on 5/18/10, 9:02 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

The surviving widow has a widow's homestead right to the house. It's a life estate, measured by her life. She has the right to occupy the house as long as she wants to.

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Answered on 5/24/10, 4:52 am


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