Legal Question in Wills and Trusts in Texas

It is difficult to comment on a will without reviewing it. Assuming the agreement is sufficient to overcome the community property presumption, the house and land would be your mother's separate property. Assuming that the property was conveyed to your mother subject to a mortgage, before the marriage, the property would be separate property.

If the will only states that the husband gets a life estate, there is a problem as it does not identify who receives the remainder interest after the husband's death. This language needs to be fixed before mom dies. Otherwise the other children might challenge the will.

Regarding the obligation the 3 siblings to pay the property tax, a will can only distribute property, it cannot create obligations. You do not have to pay property taxes during the life tenancy. It is the names on the need, not the tax rolls that determine ownership. The name on the tax rolls is only an issue if a suit to acquire limitation title was an issue.

You need to clarify who gets the remainder interest after husband's death.

If the husband lives on the land, he has a probate homestead in the property and the right to reside there until he dies. Hence it may not be necessary for your mother to leave him a life estate. Of course if he were to move away from the property, the probate homestead would end.

If the will has no residuary clause, and there is no designation of who the remainder beneficiaries are in the devise of the live estate, that gift may lapse. The land and house would then pass under the laws of intestacy for separate real property owned by a married decedent: "The surviving spouse receives a life estate in one-third of the deceased spouse�s separate real property. The rest of the property, that is, the outright interest in two-thirds of the separate real property and the remainder interest following the surviving spouse�s life estate passes to the deceased spouse�s children or their descendants."

Hence if the house is your mother's separate property, it would appear that if there were no will, you and your brothers would receive 2/3 of the property outright, plus a remainder interest in the remaining 1/3 which would be burdened by husband's life estate in that 1/3.

However, if the real estate is determined to be community property, and there is no will: The property would be divided with the husband receiving one half and you and your brothers receiving the other half. Your half would also be subject to a probate homestead in favor of the husband.

I suggest you consult with a probate attorney so review the will, the deed(s) the mortgage records so that your mother has a will that clearly carries out her wishes.