Legal Question in Wills and Trusts in Texas
My mother has been diagnosed with pancreatic cancer and given a short time to live. She made out a will which would give me owner ship of her home. She has been seperated from her husband for almost 20 years. My question is if she passes away can he get the home or do I?
3 Answers from Attorneys
you hhave her half....and the will must be probated...but she needs to divorce him to have complete ownersip..sad..at such a time..call if we can help or call any lawyr close by
If he lives in the house, he will get a life estate in the house. Otherwise, you get the house. I don't think a divorce is necessary, but you should have an attorney review your will to make sure you have everything in order.
If she is still married to him and the house is community property, then he will own half of it on her death and her heirs or beneficiaries will own half. Depending on how long she has to live, she may or may not have time to get a divorce and, if so, she may or may not be able to get the house. The only sure thing would be for her husband to give her his half and to have her attorney complete the paperwork necessary. If the husband does not want to do that, then there may be nothing that she can do. I am sorry that she is in this situation.
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