Rosser, TX Estate Planning Law Firms & Lawyers

It's hard to know for 100% certainty who will get the house at this point. If he had taken steps, outside of a will, to give the house to someone-then, that may end up ultimately controlling what happens. If he hasn't done anything to transfer ownership of the house, if he has no will, then the Texas laws of intestate succession will control ownership of the house after he dies. In your case, the Texas laws of intestate succession would appear to give all of his property to his children in equal shares (including the house).

This is a complex question because it can happen. Does the surviving spouse have any rights. Possibly. She may have a dower interest in any real estate owned by the husband she did not sign off on which was transferred to the trust or corporation during their marriage. A spouse may also be entitled to any 401(k) funds from a pension unless the spouse signed off on a transfer or change of beneficiary. Under Michigan law you have a spousal allowance, an exempt property allowance and a homestead allowance for all property required to be probated.