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Do my siblings and I have any rights under the life estate when our mom passes away with her 2nd husband in the home

Austin, TX |

Our dad was given property by his parents in 1970 with a warrenty deed . Dad and mom built a home on it. My dad dies in 89 leaves everything to my mom in a will. She remarries in 94 and they lived in the house until she passes away. Her will states she leaves all to her children. Now he,the 2nd husband, has life estate. But the deed to the land my grandparents gave my dad says that it is left to my dad, and his heirs forever and ever....... did the deed to the land superseed the will when my dad died and my mom actually have life estate in the land that ended when she died and now the land goes to my dad's heirs?

Attorney Answers 2


  1. No one can say without seeing the documents, in question. I would want to look at both deeds, as well as any estate planning documents, at a minimum. Your question is somewhat more complicated by the fact that Texas is a community property state.

    I think you should visit with an estate planning attorney, share the above documents and see what can be done.

    James Frederick

    *** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.


  2. Tracing title through your mother's will, as you described (again a lawyer would have to see the documents), all of your mother's children would have title, BUT if the second husband used the property as his homestead at the time of her death, he may continue to do so during his lifetime (which is akin to a life estate), although he has no power to gift or devise a property interest through his will.

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