I hear these common misconceptions among my Estate Planning Probate clients on a weekly basis, and these misunderstandings can cost thousands of dollars.
The first myth has to do with a mix of community property law and inheritance law.
The second myth is perpetrated by individuals promoting living trusts.
Myth One: My spouse will get the house when I die.
Most of my clients believe that if they pass away without a will, then their spouse will automatically receive the house that the couple owns.
Under Texas law, a surviving spouse has the right to live in the marital home until that surviving spouse passes ...