Legal Question in Wills and Trusts in Texas

I'm buying a house for my mother if she dies can her spouse inherit the house, even if she leaves a will leaving it to me?

Asked on 6/02/16, 8:00 pm

1 Answer from Attorneys

Keith Engelke Law Office of S. Keith Engelke

You would own the house if you probated the will. However, the spouse would have a probate homestead in the house and the spouse could reside there until death or until the spouse moved. If you did not probate the will within the statute of limitations (4 years) and the estate was administered before you probated the will or if your mom wrote another will leaving the house to someone else, you would not inherit it.

A better idea might be to purchase a house and then lease it to her.With a lease there would be no probate homestead and the spouse could not inherit the house since she would not have owned it..

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Answered on 6/02/16, 10:09 pm

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