What homestead and exempt property rights exist?
The surviving spouse and certain other family members have rights regarding the homestead and exempt personal property in the estate (exempt property is property that is exempt from creditor’s claims by Texas law). The surviving spouse has a right to occupy the homestead, even if the homestead was the separate property of the deceased spouse. The surviving spouse and certain other family members are entitled to receive certain exempt property free of creditor’s claims. The executor can set an allowance or set aside property for the benefit of qualified family members to satisfy these homestead and exempt property protections. Probate Code § 270 et. seq.
