Legal Question in Wills and Trusts in Texas

When there is no will, must everything be probated?

My wife died almost two years ago. She had been unable to work for years and left no will and she had no assets other than a house she was deeded from a prior marriage. Because this was separate property and there were three children from her prior marriage, I have been told that I have a ''1/3 life estate.'' I have continued to pay on the house as I live there, but since there were no other assets, nothing has been done regarding probate. Need I do something? Is there a time limit before two years? What does the ''1/3'' mean regarding my life estate. Should I obtain an ''Affidavit of Heirship?''

Thank you for your time and consideration.


Asked on 1/05/05, 4:13 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: When there is no will, must everything be probated?

The life estate means you are entitled to rents and profits if you chose not to live there. Your homesteading keeps the children from moving you out. If you chose to rent the property, the "1/3" would come into play, since you'd get your 1/3 and they would get the 2/3.

Under the circumstances you really don't need to do anything. Her children, though, should move for a determination of heirship so that when you pass on they have the property in their name.

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Answered on 1/05/05, 5:15 pm


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