Legal Question in Wills and Trusts in Texas

Spouse's right to stay in home after death of homeowner
My father re-married a woman 18 years ago, sold his home and moved into hers where he has lived for the past 18 years, paid taxes, etc. She passed on Sept 16 and supposedly had no will. Her children came to the home on Oct. 3 to get her personal belongings and at that time told the pastor who was there assisting my dad that she didn't have a will (this is also what my dad thought). Now, they have come up with a will that was signed 7/31, leaving everything to one of the daughters, and she has told my dad he has 3 days to vacate the home. My dad is 88 years old and literally has no place to go. Doesn't he have any right to at least live at that home til he dies - which with all the harassment won't be much longer)? Surely they can't kick an 88 year old out on the street? I'm waiting for an attny to call me back but maybe I can get an answer here faster...please help, any advice/direction you can offer...

Asked on 10/23/06, 1:25 pm

Cheryl Rivera Smith The Smith Law Firm

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Re: Spouse's right to stay in home after death of homeowner

As the surviving spouse, you dad has a life estate in the house. He can live there for the rest of his life.

Answered on 10/23/06, 4:06 pm

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