Rights to ownership of property after a spouse dies

UPDATED: Jul 6, 2009

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Rights to ownership of property after a spouse dies

A husband and wife purchased property after their 7 children were all adults, the husband has a child that is from a previous marriage. If the husband dies without a will, does the 8 children have any legal rights to the property?

Asked on July 6, 2009 under Real Estate Law, Texas


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I'm not a Texas lawyer, but my research suggests that, like most states, yours recognizes what lawyers call a "tenancy by the entireties."  What this means is, if the deed was written (as it usually would be) to the husband and wife, as husband and wife, then there is survivorship outside the will.

If the deed on this property is set up like that, it doesn't matter whether or not there is a will, the property automatically continues to be the widow's, alone.

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