Legal Question in Wills and Trusts in Texas

My father passed away and his wife of 2 years lives in my parent's house (they were married 48 years and paid for the house) in Texas. The house is in a Trust. His wife is staying there much to my family's dismay and is refusing to pay taxes, keep up the property or pay homeowners insurance. Do I have any rights ..?!? Thanks for your help ... I appreciate it.


Asked on 8/23/10, 11:57 am

2 Answers from Attorneys

Donald McLeaish McLeaish&Associates;, P.C.

hire a lawyer in the County where they live..perhaps a settlement..but she has rights to live there for life..in my opinion

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Answered on 8/28/10, 2:03 pm
Keith Engelke Law Office of S. Keith Engelke

Your rights depend upon the terms of the trust. However, Texas will afford a surviving spouse homestead rights. It is possible for her to lose this right. Generally this would occur if she were to reside somethere else and declare that new residence as her homestead.

Also she may be responsible to the owner owners for paid taxes and insurance.

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Answered on 8/28/10, 2:27 pm


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