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A life estate is a property interest that limits itself by the tenant's lifetime. In other words, the life tenant holds the right to use and occupy the property for their lifetime, after which the remainderman takes possession.
During the term of the life tenancy, life tenants have the duty to pay for utilities, expenses necessary to maintain the property in good condition, property taxes, and interest on the mortgage (the principal is owed by the remainderman).
The one-third life estate applies to all land your wife owned, and if she had owned a working ranch, for instance, you would be entitled to one-third of the income it generates. But a home typically earns no income.
Texas Life Estate tenants have the following rights: Right of possession of the property, with exclusive possession, management, and control over said property. Right to all rents and profits during the possession of the said property, including oil and gas royalties. Right to invoke Texas homestead law when applicable.
First?life estates can be relatively simple to form. In Texas, a life estate can be created by filing a notarized estate deed or otherwise clearly expressing intent to create a life estate. Second?a life estate can help someone pass property to the next generation of owners without the property going through probate.