It would be better to plan an estate properly rather than rely on Texas law to divide things up.

Q: My brother inherited our mother’s home. He is married and has an adult son from a previous relationship. He lives in Texas and has no will. What happens to the house when he dies?

A: The adult son would inherit two-thirds of the home. Your brother's wife would inherit a life estate in one-third of the home, with that one-third passing to the son after her death.

The life estate in one-third of the home means she would have the right to live there (occupying the entire home) for the rest of her life, and no one could make her leave. His son also can't force her to let him live there with her even though he owns two-thirds of the home. While she is living in the home, she must pay for all of the upkeep, property taxes and........

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