My mother passed away on June 1, 2014. Her will, that was probated, stated that her husband could live in the house as long as he wished, or until his passing, then the house would become the sole property of my sister and I. She built the house with the proceeds from her divorce to my father on land that was given to her by her mother. Her husband did pay for the shop that was built on the land and half of the costs for the fence that surrounds the property. What is her husband entitled to legally when he decides to vacate the property or passes away? If he passes could he will that portion to his children, that were not of their marriage? With Texas being a common law state, my sister and I want to know what we are entitled to in the future regarding my mother's house and land.
Answer
Your step dad is entitled to a life estate on the property that he lived in with your mother. Your mother' s will may have altered that but it does not sound that way. Upon your step father's death, the property will pass to you and your sister.
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