Legal Question in Wills and Trusts in Texas

If she dies before you without a will, you would not inherit a full interest in the house. As separate property real estate, it would go to her children. The only interest that you might have would be a probate homestead, which is a right to reside in the home until your death. However, the fact that this is rental real estate makes this seem unlikely.

The house is likely her separate property. Because she has children outside your marriage, you wouldn't have an ownership interest. You may have an equitable claim for the community funds you used to rehab it, but that's still a long shot. Moral of the story, get a will drafted up (and shame on you if you haven't done that already.) Also, please use a professional. I've had too many home brewed "form" wills come through my office that made a mess of people's estates. In the alternative, she can deed the property to you.

Dave

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