Legal Question in Wills and Trusts in Texas
In Texas, if a man and his second wife purchase/acquire property and/or mineral lease, if one of the spouses die, does the property/ mineral lease remaining spouse split w/ deceased spouses children?
1 Answer from Attorneys
I would have to look at the documents, and I'm assuming that there's no will. I'm also assuming this is not a homestead.
Assuming this was a community property purchase and there was no will, the surviving spouse keeps 1/2 (the community property share) and the remaining 1/2 would be split among the deceased spouse's heirs. The surviving spouse would also have some life estate interest for the balance of his life in the parcel.
Dave
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