Rye, TX Estate Planning Law Firms & Lawyers

Your property will pass by your will, if you have one, or the intestacy statute if you have no will. If you have no will, then you have to look at how you acquired the property. Was it separate or community? Separate property and community property are divided differently.

I would have to get more information, such as: 1. Who is the titled owner? 2. Did the titled owner die? If so, was there a will? 3. What was the date of death? 4. Did the deceased owe any other money aside from the house? 5. Did the deceased own any other assets?

Whether or not you had children together is irrelevant.  Whether he had a child with someone else affects how his separate real property, if any, passes under the Texas laws of descent (real estate) and distribution (personal property). Pensions, 401(k)s and IRAs pass to the designated beneficiaries.  If you are named as the beneficiary, they pass to you.  If no beneficiary is named, pensions pass according to the rules of the pension plan, 401(k)s pass to the surviving spouse and IRAs pass to the estate.  Since IRAs are usually created with community assets, they are usually viewed as community property.  The surviving spouse retains her 50% community property interest.  The deceased spouse's community property interest passes according to his Will or, if there is none, according to the Texas laws of descent and distribution. In Texas, even if the home was separate property, purchased before the marriage and paid for with separate funds, the surviving spouse has a right to live in it for life. Please see a local probate attorney about probating (proving) your husband's estate.