RIGHTS OF SURVIVING SPOUSE
A surviving spouse has the right to occupy the homestead for the remainder of her life. So long as the surviving spouse elects to use or occupy the homestead, the homestead is not subject to partition among the heirs of the deceased. A surviving spouse may remain on the homestead premises, even though the homestead was separate property of the deceased spouse. He/she may rent the property and keep the rental income. He/she can remove the minerals from the property, sell them, and retain the proceeds for his/her own use.
DUTIES OF SURVIVING SPOUSE
The surviving spouse is required to maintain the property, make repairs and improvements, protect it from harm, and pay property taxes for as long as he/she uses or occupies the property.
A SECOND SURVIVING SPOUSE
Where the survivor is shown to have been a second spouse, his or her right of use and occupancy of the property in question extends only to the decedent’s interest in the property; it is subject to the interest inherited by children of the earlier marriages or decedent’s heirs, and the children or heirs or entitled to demand a partitioning of the property as against the second spouse.
By Barbara A. Ford, Attorney at Law, toll free 1(800) 792-0447, ext. 101; Mobil: 713-402-8284