My husband has two other children from a previous marriage. If your husband dies without a will, all four of his children will be entitled to a portion of his estate. Figuring out the exact percentages everyone will receive is quite complicated. As his widow, you will have what Texas law calls a one-third life estate in the property that goes to the children, however. In other words, the children will own the property, but you will be allowed to enjoy the use of one-third of it, including any rent or other income, for the rest of your life.
Personal property includes things such as cars, furniture, jewelry and power tools.
Good luck splitting these items up according to the statute. In other words, they will each inherit one-eighth of the community property. Again, good luck splitting up the personal property. Also, regardless of whether your husband owns your homestead as separate or community property, you generally have the right to occupy the entire home rent-free for the rest of your life. Importantly, if your husband owns life insurance or retirement plans, these assets will pass to the named beneficiaries, and the percentages described above will not apply.