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

Asked about 2 years ago - 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. Steven Drew Baker

    Contributor Level 13


    Lawyer agrees

    Answered . 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.

    NOTICE: The foregoing is provided for general informational purposes only and is not intended to create, and... more
  2. James P. Frederick

    Contributor Level 20


    Lawyer agrees

    Answered . 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... more

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