Legal Question in Wills and Trusts in Texas
My husband died last year. WY husband and I were living in her house, while she was in a nursing home. Now, eight months later, my husband's mother died. There were no wills involved and his mother had another son. Since my husband died before his mother, did he or I (his surving wife)inherit half of the ownership of the house? Do I have a life estate to stay in the house? Need legal help!
2 Answers from Attorneys
IMHO u have life estate..and half equity..sorry for your loss
There are not enough facts to answer this question. You should see a probate lawyer right away.
I assume that your husband's father predeceased his mother. Did he have a will? What did it say? Was it probated? Was his father also the father of the other son?
Assuming that there was no issue with his mother owning all of the house, it would pass to her descendants, her two sons. Did your husband have any children? If so, then they would inherit his half share. If not, then his brother would inherit the entire estate.
There is no life estate; that is only for the surviving spouse. Since your husband did not own the property at his death, you are not entitled to a homestead right.
Basically, when your husband died, your mother-in-law owned and continued to own the house. At her death, it passed to her beneficiaries.
This answer could be changed very easily if just a few of the facts are not as understand them to be. Consult with an attorney to clarify your situation.
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