Dallas, TX asked in Contracts, Estate Planning and Real Estate Law for Texas

Q: Does homestead act over-ride the execution of the last will. The nephew never owned the house it belonged to the estate.

great aunt passed and left everything to her to a select few of her nieces and nephews, One of the nephews was very sickly and not expected to live long, he could live in the house until he died then the house would be sold and divided amongst the remaining living. If he ever moved he would sell the house and split the house with all those listed in the will including him. He was also supposed to pay 100 dollars into an account (i guess rent) which now over 50 years totals over 50,000 is gone. He just passed and his wife is saying homestead allows her to STAY. Its a million dollar house they have been living in for 100 dollars a month. She also runs her real estate company and rents out the apt above the detached garage as well as him running his accounting firm out of the house (before he died) No one ever paid anything for over 50 years. They did pay the taxes however it was necessary for them to continue to live there. Does she get to stay over the final execution of the will?

1 Lawyer Answer
Bruce Alexander Minnick
Bruce Alexander Minnick
  • Estate Planning Lawyer
  • Tallahassee, FL

A: No, if the decedent had a Last Will the property should pass in accordance with the will.

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