In Texas, when a married person dies without a Will and leaves children from another relationship, his surviving spouse will only be entitled to keep her own one-half interest in the community estate. The deceased spouse’s share of the community estate will pass to his children in equal shares.
Additionally, only one-third of the deceased spouse’s separate personal property passes to his surviving spouse, with the remaining two-thirds passing to his children.
If the deceased spouse died leaving separate real property, the surviving spouse is entitled to only a life estate in one-third of that property. The remainder is inherited outright by the deceased spouse’s children in equal shares.Since the home was purchased before marriage, it would be characterized as the husband’s separate property. As a result, she would inherit only a life estate in one-third of that property, with the remainder inherited outright by her husband’s children.