Texas law offers a variety of protections for a surviving spouse after death of a spouse, including the right to reside in the homestead.
Upon death, the surviving spouse or minor children may request exclusive use of the home. In fact, the surviving spouse has the right to occupy the home exclusively for the rest of her life if she chooses. This right exists even if the home belonged to the deceased spouse and the deceased spouse gifted it to someone else in his Will.
If a homestead does not exist or if the surviving spouse doesn’t want to stay in the house, the surviving spouse may request up to $45,000 from the deceased spouse’s estate. He may exercise this right regardless of the existence of or the provisions of the Will.
The homestead right also acts as a barrier to creditors. For estates subject to significant debt, the homestead right prevents certain creditors from seizing the home.
The right to occupy the home does come with certain responsibilities, including routine maintenance and care, and payment of property taxes and mortgage interest.
The homestead right is just one of many protections under Texas law for a surviving spouse.
Questions about the rights of a surviving spouse in an estate administration? Contact us.
