Legal Question in Wills and Trusts in Texas
Wills
I am to be married soon and my future husband stated he would put in his will that I am to be able to live in the house he currently owns until I chose to move or die but the house is not going to be left to me in his will it is to be left to his two sons because it was purchased by my future husband and his dead wife which is the mother of the children who will inherite the house. My question is, if the will states I can remain in the home is that legally binding or (since ownership will be transfered to my future husbands sons) can his sons make me leave after his death?
1 Answer from Attorneys
Re: Wills
If your husband leaves you a life estate, then you have a life estate (you can live there until your death or abandonment). Please note that the will can be changed at any time. If you're really worried, you cna have your husband execute a deed, which would grant you a life estate in the property right now.
(After the marriage, you also have common law rights in the property (called a widow's election.)