San Antonio, TX asked in Estate Planning for Texas

Q: Dad passes in middle of divorce with updated will leaving nothing to her and everything to my sister and I.

House bought before marriage, only in his name, and she hasn't lived there in 6 months. Does she have a legal right to any money from house?

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1 Lawyer Answer
Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
Answered
  • Estate Planning Lawyer
  • Austin, TX
  • Licensed in Texas

A: If your father died without a will and was not yet divorced, his property will pass according to the Texas rules of descent and distribution. Whether the home was separate or community property, his widow has a right to live there for life. Pie charts showing how separate and community property pass are available on the website of the Travis County Probate Court. Hire a local probate lawyer to probate his estate.

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