Legal Question in Wills and Trusts in Texas

I'm sorry to hear about your mom. I would have to read the will to make sure it's compliant with Texas law. The common law husband may have occupancy rights in the house. These cases are very fact specific, though. To answer your question, get a lawyer to help you.

Also, this does not have to be expensive. If you and the common law husband can come to an agreement on things, this can be a fast and inexpensive process.

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agreed as to Leon answer..but why not ask the Lawyer witness to help probate?

The will is probably valid, but not "self-proved." That means that the witnesses will have to testify as to the execution of the will.

The house is probably your mother's separate property. If so (it depends on when the marriage started), then she can pass it to you. she can pass all of her separate property and half of the community property.

The husband will probably have homestead rights as long as he continues to live in the house.

These are very difficult questions sometimes; you need a qualified probate attorney to help you. If the will is not valid, or if she is not married, then this answer changes significantly.