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.
- Category: Wills and Estates
- Date:
- State: Texas
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.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
