Legal Question in Wills and Trusts in Texas
A widow continues to live in property after death of husband in which no will was established. Now widow has died and has a will that bequeaths property to her child and not children of husband and widow. Is there a law that states because there was no will from husband property is legally divided among all siblings as in accordance and because there was no will from husband and widow didnt establish all rights to property, widow can't bequeath was is not fully in her possession?
2 Answers from Attorneys
yes, the probate court must beinformed of the facts..a probate lawyer will or should address that..if not, hire your own
Ok, there are a lot of questions out there:
1. Whose name is on the title to the house? Both? Just the widow? Just the husband?
2. How was title in the house held? Joint tenancy with survivorship rights? Or ?
3. Was the house purchased? Or did someone receive it by inheritance/gift? Was this before or during the marriage?
Put simply, the widow cannot transfer any more ownership interest in the house than she already had, will or no will. If she didn't have rights to the whole house, she cannot transfer rights in the whole house. If the house was entirely hers, then she has the ability to transfer it to whomever she pleases.
Dave
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