Legal Question in Wills and Trusts in Texas
Step-father passed before changing his will he had from a previous marriage. Previous wife has also passed and will states if both should pass everything goes to children. He and my mother were married for 15 years and he never changed his will, what happens to her regarding any inheritence such as retirement funds, things they bought as a couple or even their house? Can the children of my stepfather get her house?
Asked on 9/27/10, 10:58 am
1 Answer from Attorneys
If he never revoked the prior will, then it's still in play. However, the bequests to his prior spouse are treated as though she predeceased him (which she did anyway.) Your mother still owns her community property interest in the assets. She also has some occupancy rights to the real estate.
Answered on 10/02/10, 2:42 pm
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