My mother purchased land years after separating from my stepfather. Can he claim the estate and take it away?

Question

Some years after the birth of my sister my stepfather and my mother had a heated conversation in a store. During this conversation, he attempted to slap my mother in the face but missed when she took a step back. We (my sister and I) were told, by our mother, that when she took a step back his attempted slap missed her and was received by my sister who was just a baby. The cops were called and my mother got a restraining order against my stepfather. Since then he has never been in our lives or was there any attempt at contacting my sister. In 2007 our mother passed. My grandmother continued to pay the property taxes until she passed and I continued to pay them. My sister and I were unaware of having to change the name on the property until a few weeks ago. We contacted Legal Aid in my area but were denied and informed that 50% of the property belonged to my stepfather. Can he claim the property if it goes against my mother's wishes? She left a typed and signed letter.

Matthew Valley · Answer

Based upon what you have written, it does sound like he has a claim regardless of your mother's wishes. 
 
In Texas, property purchased during the course of the marriage is generally going to be community property. When one spouse dies that community property is split 50/50. One half remains with the surviving spouse and the other half is dispensed according to either a will, if there is one, or in accordance with the laws of intestate succession.

Q: My mother purchased land years after separating from my stepfather. Can he claim the estate and take it away?