Who inherits in Texas?

My (late) husband who died in 2016, did not have a will, but the good news is that the house, car, retirement account and his checking accounts were in (both) names, thus after he died then everything transferred over to me as his spouse. He had bought the house back in 1975, then with the 1st wife, the 2nd wife and then with me (the last) had did a quit claim deed to add/delete each spouse.

But I was in a panic since even before I buried him, his (2) children had called me asking for a copy of the will that I did not have. In my state of Indiana is a (non) community state, but if I had not been listed on the deed from the quit claim deed , then in “effect” I would own ½ and the 2 step children would get the other 50% or 25% to each. Now that would mean I would no longer be able to live in this house, since the kids would have forced me to sell the house to get the money. Death can cause a lot of family riff and the claws come out, when there is (any) money involved that can be seized.

I remember the story of my great-grandparents who had 13 children and when my great-grandfather died with no will, then the house had to be sold to pay off the 13 children, thus my great grandmother had no place to live, thus lived with (each) child for the next 10 years of her life.

The problem when a spouse dies is that the surviving spouse has to live and in my case by losing/selling the house would have made my financial situation more difficult. Now when I go, then I have a will that divides all by 3, his 2 children plus my daughter, but until then, I need any assets/income to live on.

Now that I in fact own the house, then if I choose, I could change my will so that I can make everything go to my daughter alone and not include them. I don’t plan to do this, but if in the future they get greedy or mean, then they could lose out. So far that has not happened and we still act like a family after 25 years together and hopefully will continue for the rest of my life.

The question is, do both of you have wills and if not, suggest you do so to clarify what happens. Or if he has one, does it address the house or not?

Personally, if it was me, I would make an appointment in person with a lawyer to find out what rights you have or not.

Don't use the term "personal property" for the house. Houses are "real estate", and personal property is a legal term for everything else.

If he dies with a will, then the will determines who gets what. If he dies without a will, then the great state of Texas has a default will written in the law. But the will can only give away what your husband owns and has a right to give away. He can't give away what he doesn't own, and he can't contradict the deed. The deed should say if the house is community property, and if you have a right of survivorship. In other words, did your husband make you a gift of half the house? Or does the deed say that the house remains as separate property? A lawyer would need to know more than just that your name is on the title -- she would need to see the words around your name and signature. After all, a sentence that says "I, Jane Smith, do not own any part of this house", would technically be your name on the title.

The mortgage doesn't control who owns the house ... it just says who is responsible for the debt, and that if the debt isn't paid, then the bank can take the house.

Depends on how the deed is written, but you retain at least part ownership, as you own it now,

Your name is on the deeds, if he dies you get it, if you die he gets it...if you have children you should write a Will

You should both consult lawyers and make wills, that way your wishes and his wishes will be obeyed.

Who did he state that he would give his share to in his Will/Trust? His children may have a right to his share regardless, which would be the higher percentage of the ownership of the house. A judge would have to decide that if they challenged the Will, if they were not left a portion. Nobody here can tell you for sure. There are too many unknowns.

It doesn't have to be communal property or inherited. If your name is on the title and mortgage, than you own it jointly. If he passes away, you still own your share. The issue would be, can his dependents probate for the other half. But the obvious answer is to get it in writing with either a will or a living trust so there's nothing to probate.

they don't allow wills in Texas? You should move, then.

no