Q: White happens if my wife wills our house to her children from a previous marriage? We both own the house.
Correction: " What happens...."
A: She can only will her 50% community property interest. You have a lifetime right to live in the house. Please note that if she died without a will, her 50% community property interest would be divided among her children and you would have a lifetime right to live in the house. Her children cannot force a sale while you live there.
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A: Since she owns 50% under community property laws she may leave it to anyone she chooses. However in Texas you have homestead protection meaning you have the rights to live there for the remainder of your life. It gets a little more involved as to who is responsible for taxes, mortgage, insurance etc.
1 user found this answer helpful
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