Legal Question in Wills and Trusts in Texas

Spousal Right to home

My deceased Mother's husband is living in her home, which is not community property. The house is left to my sister and me. He has allowed the property to deteriorate rapidly. Leaks in roof, yard has grown up and there is much trash on the patio, including sheetrock from inside the house from leaking ceiling. Neighbors are complaining. He will not allow anyone on the property. He has left the property now for approximately 65 days. Can I demand an inspection on the house, exterior and interior? Can he be jeopardizing his privilege to continue to live there?


Asked on 8/07/06, 9:03 am

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Spousal Right to home

As your mother's spouse, he has homestead rights in the property. However, he has an obligation to the heirs not to commit "waste" (a legal term) of the property by allowing it to deteriorate. You have legal recourse, but will probably need to call a lawyer.

Read more
Answered on 8/07/06, 12:13 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Texas