Q: I have a series of questions regarding a probate question regarding a shared property in Texas.
Scenario: The property was co-owned in a three-way split, a married couple and a single woman. One of the partners in the couple passed but left a will.
Questions:
1) Will the deceased's share go to the surviving-spouse, superseding the will and causing the property to be owned by two owners; or will the beneficiaries of the will, inherit the deceased's portion of the property, continuing the 3-way ownership?
2) When will the will take into effect, after the surviving-spouse passes, or immediately?
3) Can the property be inherited via the surviving-spouse's will (ie. the 50% the surviving-spouse owned by willed via their will, or will the third owner obtain 100% ownership once the surviving spouse passes?
Thank you!
A:
1) Unless is will is successfully challenged, the decedent's 1/3 interest will pass to the heirs named in the will, subject to the surviving spouse's "widow's rights" which give her or him a life estate in the decedent's interest if the property was the couple's homestead.
2) The will takes effect immediately upon the death of the decedent.
3) The surviving spouse can state in their will to whom they are leaving their 1/3 interest upon their death. If they have a life estate under answer #1 above, that life estate ends of course on the death of the surviving spouse.
If the deed to all three owners is joint "with right of survivorship," the last surviving owner would obtain 100% ownership upon the death of the other two. But this is rarely the case. Otherwise, the single woman would end up with 100% ownership only if the couple both left their interest to her in their wills.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
