Legal Question in Wills and Trusts in Texas

My mother in laws husband passed away a few years ago, in his will it is stated that she is allowed to live in the house until she either remarries or passes away. Now my question is is son is trying to take her to court to have the will over turned and have her kicked out so he can sell the house. Can he do that, and what are the chances of him winning?


Asked on 10/07/11, 9:26 am

1 Answer from Attorneys
Arthur Geffen Arthur H. Geffen, P.C.

Even if he were sucessful in having the will overturned, the decedent's wife has the right to live in the house for the remainder of her life.. called a life estate. It is Texas Law and can't be taken away, although it is possible to give it away.

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Answered on 10/07/11, 9:58 am


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