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J. Warren
J. Warren, Attorney
Category: Estate Law
Satisfied Customers: 2211
Experience:  Experience in estate planning including wills, trusts and succession planning.
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My exhusband died 3months ago without a will in Texas. s

Customer Question

My exhusband died 3months ago without a will in Texas. his only surviing heirs are 1) his 2nd wife and 2) our 14yr old son. My ex husband had a fully paid off seperate property home before marrying his 2nd wife who is now his widow. She wants to sell the house that's worth about $240,000. She is 40yrs old, I'm trying to understand bot***** *****ne - given she has a "1/3 life interest" in this house - if it's sold next month - how much would my 14yr old son recieve? everything else has gone to her passing outside of estate (ex's large 401k, life insurance and pension)
JA: Have you talked to a lawyer yet?
Customer: Also this seperate real propety house was not my ex-husband & his 2nd wife's homestead - their homestead was her seperate property house that he paid off during their marriage
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Texas
JA: Anything else you think the lawyer should know?
Customer: My ex husband paid off his 2nd wifes seperate property house in the amount of $125,000 during their marriage - I'm assuming my son is also entitled to 50$ of that $125,000 payment to the mortgage principal in his step-mothers seperate probery house
Submitted: 4 months ago.
Category: Estate Law
Expert:  J. Warren replied 4 months ago.

Hello and welcome! My name is ***** ***** I will be helping you today! I look forward to working with you to provide you the information you are seeking for educational purposes only. It will take me just a few minutes to type a response to your question. Thanks for your patience!

Customer: replied 4 months ago.
thank you
Expert:  J. Warren replied 4 months ago.

I am very sorry to hear about this situation.

Any property that is deemed community property should go 50% to the surviving spouse and 50% to the surviving child (your son) of the deceased (your ex-husband). The spouses separate property may very well be deemed community property as he used funds while married to pay it off, thus converting it from separate to community. At minimum that should be 50% of the $125,000 but as much as 50% of the entire house value representing his half of the community property.

Any real property that is deemed separate property of the deceased would go 1/3 to surviving spouse and 2/3 to surviving children. The 1/3 to the spouse would be only a life estate with remainder to the surviving child. The 2/3 would be outright to the surviving child.

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Expert:  J. Warren replied 4 months ago.

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