Legal Question in Real Estate Law in Texas
What rights does a wife have when all property was willed to brother.
The husband dies and has a Will leaving all property to his brother. Does the wife have any claim to his Life Insurance when the beneficary was the brother. His wife can stay at the home place for life but what does she have to pay if she exercises the right to stay. (taxes, upkeep etc) Does the furniture, cars, etc. belong in any part to the wife.
Anna V. Maybin
1 Answer from Attorneys
Re: What rights does a wife have when all property was willed to brother.
The wife has a life estate in the homestead and yes she must maintain it. As to the other property if it is community property, and it probably is if the marriage is of long duration, the wife owns 1/2 of it. That would include furniture etc. The life insurance goes to the beneficiary named, however, if community property paid for the insurance the wife might have a claim.
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