Legal Question in Wills and Trusts in Texas
If a spouse dies without a will does land that was given to the deciesed while he was single go to the surviving spouse or does it go to his children.
Asked on 3/28/11, 4:23 pm
1 Answer from Attorneys
The answer depends on how the land was given to him. In most cases, the land would be separate property, and the surviving spouse would have a life estate. Upon the surviving spouse's death, it would go to the first spouse's children. I'm assuming no pre-nup, and no other transactions during the marriage.
Dave
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Answered on 3/28/11, 10:14 pm