Author: june71908

HOMESTEAD RIGHTS OF SURVIVING SPOUSE

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

DYING WITHOUT A WILL

There are many scenarios where the relationships of children are destroyed because parents failed to leave a will.  Below is an example of the problems children experience as a result of parents dying without a will.

W and H each were divorcees who married each other.  W and H  each had children from their previous marriage.  During their marriage they purchased a house on land in the state of Texas, which became their homestead.  One of H’s step-children did not have sufficient credit to purchase a home solely in her name.  H, in an effort to help this single step-child, signed his name as a co-owner of the real property.  H nor W never made any contributions towards the purchase nor maintenance of the property which is being paid for by the step-child.  W and H died within several days of each other with no will by either.

The step-child is now left with property in her  and H’s name.  Besides the children’s interest in decedents homestead, W’s biological children can claim an interest in this property under W, and H’s biological children are now claiming an interest  in the  real property the step-child is purchasing.  This problem could have been averted, if W and H had left a Will and/or deeded their interest in the step-child’s property to her. 

By: Barbara A. Ford, Attorney at Law; Toll Free: 1(800)792-0447; 713-402-8284.

The supreme court of Texas has now approved will forms.

TO DOWNLOAD OR COMPLETE A WILL GO TO: www.txcourts.gov/forms.