Legal Question in Wills and Trusts in Texas

My Wife added me to the title of her house with a Gift Warranty deed ---if she dies (she has 3 children from a previous marriage)---can they kick me out of the house---her will leaves the house to me as well---she and i have been married almost 25 years----her children are neutral to me but you know how the vultures come out when a person dies---thanks .


Asked on 3/20/10, 3:57 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

If the house is your homestead, as a surviving spouse, whether you are on title or not, you have a life estate in the house and can not be removed from the property because of the spouse's death. As the life estate holder of her share, you are obligated to pay taxes as they accrue, maintenance during your occupancy, and interest on the mortgage, if any. I suggest you leave your share of the house to her children when you die to be fair to them.

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Answered on 3/26/10, 4:16 am


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