husband's will

What is the name of your state? Texas
This is the second marriage for us both. My husband recently had his will drawn up and made the following provision for me regarding his house, for which he has sole ownership:

"I give, devise and bequeath to my wife, (name) for life, with remainder to (his children), equally, all that real property located at (address and legal description)."

I would like to know what that means to me. If he dies before I do, I take it to mean that I may live in the house but that I may not sell it because I wouldn't hold title to it since it would automatically revert to his children, and NOT heirs of my choice, upon my death. If this is true, who, then, is responsible for paying property taxes, insurance, and maintaining the property?

carmencjones said:

What is the name of your state? Texas
This is the second marriage for us both. My husband recently had his will drawn up and made the following provision for me regarding his house, for which he has sole ownership:

"I give, devise and bequeath to my wife, (name) for life, with remainder to (his children), equally, all that real property located at (address and legal description)."

I would like to know what that means to me. If he dies before I do, I take it to mean that I may live in the house but that I may not sell it because I wouldn't hold title to it since it would automatically revert to his children, and NOT heirs of my choice, upon my death. If this is true, who, then, is responsible for paying property taxes, insurance, and maintaining the property?

Click to expand...

My response:

That's right, you will only receive a "Life Estate", and not "ownership". As long as you're alive, and unless and until you repudiate the "gift", you are "on the hook" for ALL expenses concerning the house - - whether you live there or not.

Remember, it's a "gift of useage" only, and there is no law "requiring" you to accept the gift. So, under the terms of the Will, you will be allowed to live there, but you will NEVER "own" the residence or land; i.e., the house and land NEVER go to your Estate upon your death, and you cannot "Will" your Life Estate to anyone else - - it dies upon your death. And, if you live there and "use" the residence, you're the one who must pay for its usage; i.e., paying property taxes, insurance, and maintaining the property.

But, like I said, you can also "repudiate" (to refuse to have anything to do with) the residence say, after 20 years, and allow the residence and land revert to his children and their responsibility. But, again, while you live there, you're the one on the hook for these expenses.

The moment you fail or refuse to pay these expenses, the children could Petition the court to have your Life Estate withdrawn, canceled, or annulled.

IAAL