Community Property and Homestead Rights in Texas Impact the Probate Process

One of the most misunderstood areas of community property law in Texas that impacts the probate process – and one of the most hotly litigated – is the difference between community and separate property.

Hosts Stacy Kelly and Keith Morris describe these “murky waters” when someone dies without a will and heirs argue about property left behind. In addition to clarifying community property versus separate property, they explain subtleties of probate homestead rights in Texas and how pre- and post-nuptial agreements can be incorporated into an estate plan.