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Posted over 1 year ago.

thanks for your reply, its not my child, he is adopted child from my husband previous marriage. homestead means that i cant sell the house and I just have right to live on it?

Steve H. Evans
Steve H. Evans, Probate Attorney - Arlington, TX
Posted over 1 year ago.

Assuming that he has indeed made a will leaving his estate to you and his adopted son, the only way you could sell the house is with the consent of the son if he is given an interest or by court order through an action called partition, if the son would not agree. The positive side of this position is that since you have the right to live in the homestead (and the son does not even if he inherits an interest) he cannot force you to sell the home. If your husband did not do a will and has no prior will then his interest in the property will pass by intestacy and depending on whether the property is community or separate, real property or personal property, you would receive an interest but to determine exactly what that interest would be you would need to meet with an attorney knowledgeable in estate planning and probate. In either scenario, with a Will or without one, you would receive a life estate in the homestead.