Legal Question in Wills and Trusts in Texas

willed property with several owners

Father died and had home he owned with previous wife. Previous wife died without a will. Property owned by kids and father. Father dies and leaves his half to new wife.

By law new wife can live there till she dies. Can new wife gift that half of property to daughter or can she transfer ownership to daughter?


Asked on 9/03/06, 8:46 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: willed property with several owners

Yes, and for as long as she lives there, she would have homestead rights. The moment she moves out you can force a sale. It may require a partition lawsuit if the daughter doesn't cooperate.

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Answered on 9/04/06, 11:18 am


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