Legal Question in Wills and Trusts in Texas

spousal rights

Is there a difference in Texas to ''Spousal rights'' and ''Life Estate''? Can you keep a ''Homestead'' exemption on your home if you are not living there? Our stepfather got a Life Estate but has moved to his sister's in Missouri, taking the contents of the house which were left to us in the will. the contents were supposed to be used by him during his lifetime but to pass to us. Many family heirlooms are now gone. He is 80 and has Dementia and hostile. His sister is the brains behind this latest scam.


Asked on 2/06/09, 2:02 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: spousal rights

The homestead exemption relates to the discount you get on property tax. You don't qualify for the exemption if you no longer live in the house. The "homestead" concept is basically the same and it appears that he has abandoned the homestead. You should be able to sell the house, although, the title company may make some requirements. On the family heirlooms, you can make a list of the items and by certified mail request they be returned by a certain date. If he doesn't return them, you can call the police or sue.

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Answered on 2/06/09, 4:30 pm


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