If my father leaves me his home in his will would his wife have Homestead Survivorship rights?
Full Question:
My father owned his home/property prior to marrying his second wife. In his will, the property will go to me (his daughter) Would his current wife would have Homestead Survivorship rights.
02/14/2007 |
Category: Wills and Estates |
State: Texas |
#702
Answer:
In Texas, the surviving spouse has a right to remain in the homestead until death or abandonment, even if the property was owned by the deceased spouse as his/her separate property. The deceased spouse can bequeath the property to other persons, but their right to use and possession, and right to dispose of the property, is subject to the homestead right of the surviving spouse.