What is my stepmother entitled to from from my deceased father’s estate?

UPDATED: Mar 9, 2012

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What is my stepmother entitled to from from my deceased father’s estate?

My stepmother is mad because she wasn’t in my father’s Will of my deceased father. He left the house to his 3 children and she is now trying to “homestead”. She and my father were married for 9 years and 8 months. She said she wants to live in the house until she dies. Will she eventually get the only real asset my father left his children?

Asked on March 9, 2012 under Estate Planning, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the home that your father left his 3 children was owned entirely by him and paid off before he married your step-mother, then under the laws of your state, the children should be entitled to the home in its entirety under the Will and not the step-mother. Hopefully she was mentioned in some area under the Will so that she would not claim to be an omitted heir.

I suggest that you consult with a Wills and trust attorney to further help you and your siblings regarding the situation you are writing about and bring it to a conclusion.

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