Legal Question in Wills and Trusts in Texas

Spousal Rights

Is it true that if a surviving spouse, with spousal rights to a homestead, gives up that privledge if any or all these apply?

*he abandons the homestead for 3 months

*neglects to pay tax and/or insurance on the home

*does not keep the property up with proper maintenance

*removal of community and/or separate property within the home


Asked on 2/16/06, 2:36 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Spousal Rights

No. The surviving spouse has a life estate. They cannot be divested of that, although they may be sued by the remainderman if they commit waste upon the property or fail to keep up the taxes and insurance.

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Answered on 2/16/06, 6:26 pm


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