Legal Question in Wills and Trusts in Texas
First Wife Dies,Husband Remarries
Husband remarries wife #2 after #1 dies. There is a will, however, it is not updated to include #2. Once he dies, children (executors of last will and testament) take vehicle, credit cards, & keys to house (on 1st night). Then, on 2nd night, advise her that she must move out of the house saying all things are considered in a trust.Everything was in deceased's name. What are her rights and what is she entitled to? *Note-he requested that she leave her job once they married so she has no source of income at time of death.
2 Answers from Attorneys
Re: First Wife Dies,Husband Remarries
No, no, no. First, as a wife and homestead owner of the house, she automatically gets a life estate in the homestead. Vehicle is probably community property. Next, call an attorney, Pronto!
Re: First Wife Dies,Husband Remarries
She is entitled to her undivided intestate interest. That also includes a life estate in the house.
There's hostility between the kids and their stepmother. She should get an attorney ASAP.
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