living will property
If a womens husband has died and they had already made a will out leaving every to her;then if she dies everything goes to children according to will. Does the husband she remarries with have any rights to the property or any other posessions in the will?
Re: living will property
If her sum total interest in the property was a life estate from the will of her husband, all his and her rights terminate at her death. If she has some other interest in the property, such as if it originally was the community property of a former marriage, then the new husband may have a homestead right under the Texas Constitution at least to her community portion of the property.
Section 52 – DESCENT AND DISTRIBUTION OF HOMESTEAD; RESTRICTIONS ON PARTITION
On the death of the husband or wife, or both, the homestead shall descend and vest in like manner as other real property of the deceased, and shall be governed by the same laws of descent and distribution, but it shall not be partitioned among the heirs of the deceased during the lifetime of the surviving husband or wife, or so long as the survivor may elect to use or occupy the same as a homestead, or so long as the guardian of the minor children of the deceased may be permitted, under the order of the proper court having the jurisdiction, to use and occupy the same.
http://www.reasonable-doubt.com
Basil Hoyl
Law office of Basil Hoyl
4001 Airport Fwy., Ste. 190
Bedford, TX 76021