Second, the father was remarried and resided in the home with his new wife at the time of his death. As you know, the new wife acquired the legal right to occupy the house even though she did not become its owner. Texas law allows the owner of an asset to direct who will inherit it upon the owner s death. In this case, the father left the house to his daughter through his Will. According to your letter, it was his separate property because he owned it before his second marriage, so his second wife did not have any automatic ownership rights.
Occupancy is an easy concept.
If she lives there, she occupies the house and her rights continue. If yes, her action is legal. If no, her rights have ended and your cousin should be able to claim possession of the home. The issue was addressed in a 1976 case handled by the Texas Court of Appeals in Waco. She moved out due to poor health, and rented the home to her brother.