Legal Question in Wills and Trusts in Texas
tax liability with spousal rights
My step-father has spousal rights on a home my Mother owned before marriage, left to my sister and I in her will. This is an ongoing probate of her estate. The home has been set aside legally. He has refused to pay the taxes on this home and we were told by the Judge that he was liable for the taxes. Is this grounds for removal of his spousal rights.
The Estate is being handled by a court appt. lawyer after his removal for squandering the estate. She is paying the Insurance and Taxes out of the Estate. Where is it written in the probate statutes that he is responsible for payment of the taxes and or Insurance?
2 Answers from Attorneys
Re: tax liability with spousal rights
It isn't. The probate code gives him a life estate in the homestead. Under common law, the holder of the life estate is responsible for the taxes and insurance, and to not commit waste upon the life estate.
Re: tax liability with spousal rights
To supplement Mr. Bradie's response, you could sue to remove him from the property for the encumbrance his failure to pay taxes is burdening the remaining assets of the estate, e.g. that portion of the estate that is now paying taxes, etc. that he is not paying. Good Luck.
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