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Legal BriefsWho Gets Your Home If You Pass Away Without a Will?TBy Kathleen Cassidy Goodman, PLLChe short answer is – it depends on your particular situation. Usually, everyone’s largest asset,when they pass away, is their home. When someone passes away, regardless of whether the house is paid for or if there is a mortgage, the title to the house will need to be transferred upon the death of an owner.If you pass away without a Will, a survivorship deed, or a transfer on death deed, then your property will pass according to Texas law. Texas law divides your property according to your family situation. It is not unusual for the survivors to become upset because the law is not always what people assume.In the past, the most common situation involved spouses with children from the marriage who purchased a home during the marriage. In this case, upon the deceased spouse’s death, if there is no Will, the surviving spouse is entitled to all of the deceased spouse’s interest in the home. The children do not receive any share of the home. However, an Affidavit of Heirship will still need to be prepared to provide documentary evidence of the heir’s title to the home.Many of today’s families are structured differently. If both spouses purchase a home during the marriage, but they doyour local geico agent makes bundling simple.Home + Auto = easyLOCAL OFFICERod Musslewhite210-673-2391¡Hablamos Español!Limitations apply. See geico.com for more details. GEICO & affiliates. Washington, DC 20076. GEICO Gecko image © 1999-2022. © 2022 GEICO. 21_633312129We Deliver!(210) 277-0065 • dimartinospizzeriasa.com• Pizza • Calzones• Salads • Subs • WingsBUSINESS HOURS:Mon: Closed • Tue - Thu: 11am- 9pm Fri & Sat 11am-10pm • Sun. Closed25020 Blanco Rd, Suite 130 San Antonio, TX 78260$5.00 OFF any specialty pizza! Bring in or mention this ad • Expires 8-31-25(210) 404-144418323 Sonterra Place San Antonio, Texas 78258Independent & Assisted LivingA lifestyle createdjust for us.Franklin Park Sonterra helps you enjoy the lifestyle you truly deserve.For more information and personal tour call TinaLearn More About Us at...franklinpark.orgEQUAL HOUSING OPPORTUNITY#104458not share the same children (stepchildren), then there can be unexpected problems. In this situation, where a spouse passes away without a Will, the living spouse is entitled to his or her own one-half interest in the home and is also entitled to reside in the home for the remainder of his or her life. The children of the deceased spouse are entitled to the deceased spouse’s one-half interest in the home. An Affidavit of Heirship will need be prepared.Another situation involves the spouse purchasing the home prior to his or her marriage. Texas law provides that without a Will, the home will pass to his or her children. But the spouse or the common law spouse, has the right to reside in the home until he or she dies. The deceased person’s children will own the home but cannot sell it until the spouse passes away. And again, an Affidavit of Heirship will need be prepared.Kathleen Cassidy Goodman is an attorney in areas of estate planning, probate, civil litigation, and business law. She can be reached at her office in Helotes at (210) 949-1000 or for more information, visit www.bexarlaw.comLocal Family Pizzeria Gives Back ToKerrville VictimsBy Sally Kalosobby Di Martino, owner of DiMartino’s Pizzeria, is giving back to flood victims in a heartfelt effortto help those affected by recent disasters. In October 2024, Hurricane Milton hit Florida, where Bobby and his family had lived until recently. Their own home was flooded during the hurricane, and Bobby understands all too well the devastating feeling of losing everything and starting over. Having worked hard his entire life, he has always believed in giving back to thecommunity.After moving to San Antonio on May31st, Bobby opened his pizzeria on June 8th of this year. Despite being a small business with modest earnings, he remains committed to helping others. "A week ago, hearing about what happened in Kerrville was so unthinkable and sad," Bobby shares."We know what it's like, and if we can help even one family, that's all that matters." Looking ahead, Bobby is determined to stay involved with the community. "We plan to be very active in the Stone Oak and Timberwood Park areas," he says. "We've already connected with Timberwood Middle School and are proud to be a GoldAugust 2025www.stoneoakhighlights.com 15Sponsor for them." DiMartino’s Pizzeria also supports local law enforcement, the military, and first responders. Bobby emphasizes that, "We’re all in this together, and as a community, we will get through any problems we face."DiMartino’s Pizzeria is located at 25020 Blanco Rd, Suite 130, San Antonio, TX 78260 andseemenuat www.dimartinospizzeriasa. com.Come see why We Love it here!