Kilgore, TX Estate Planning Law Firms & Lawyers

In Texas a surviving spouse has a lifetime right of occupancy in the home.   Your father's Will may or may not say that he contracted with your mother not to revoke the Will in order to provide for her and for children of their marriage.  If it does not, he could Will the home to his new spouse.  You are correct that she could give up her right to a community property interest in the home in a valid prenup (or a valid Marital Property Agreement).  She would still have a lifetime right of occupancy and, if she paid on the mortgage or made other financial contributions, a right to be reimbursed for them.

You do not have to leave anyone anything. However, each child should be specifically named to Show your intent that they receive nothing rather than saying nothing about them. This ensures your intent and not that they were mistakenly left out.

If your father died without a will, it is possible you can wrap up his affairs with what is known as a small estate affidavit. If his assets were worth $50,000.00 or less (not including his homestead), this simple procedure will allow you to transfer title of his assets to his heirs. I recommend consulting a local attorney for more information about this option.